Can a police officer conduct a contemporaneous warrantless search of a person's body and of the area into which the arrestee might reach to retrieve a weapon or destroy evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Allen, 911 F.2d 739 (9th Cir. 1991):
"[A] police officer may, incident to a lawful arrest, conduct a contemporaneous warrantless search of the arrestee's person and of the area into which the arrestee might reach to retrieve a weapon or destroy evidence." United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.), cert. denied, 461 U.S. 936 (1983) (citing Chimel v. California, 395 U.S. 752, 762-63, 89 S.Ct. 2034, 2040 (1969)).
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