In the United States citizens are protected by the
Fourth Amendment to the United States Constitution against unreasonable search and seizure. In most cases, a
search warrant is required to perform a lawful search. An exception to this requirement is searches incident to a
lawful arrest. This is also known as the Chimel Rule after the case that established it, ''
Chimel v. California''. This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.
[1]
See also
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Chimel v. California
References
1. O'Connor, T (05/15/06). Retrieved August 14, 2006, from SEARCH AND SEIZURE: A GUIDE TO RULES, REQUIREMENTS, TESTS, DOCTRINES, AND EXCEPTIONS Web site: http://faculty.ncwc.edu/toconnor/405/405lect04.htm