Can a search of a house without a warrant be justified as incident to an arrest?

California, United States of America


The following excerpt is from Dillon v. Superior Court, 102 Cal.Rptr. 161, 497 P.2d 505, 7 Cal.3d 305 (Cal. 1972):

Moreover, even if petitioner's arrest could be viewed as occurring in the house, the search of the house would still not be justified as incident to it. In Chimel v. California, Supra, 395 U.S. 752, 762--763, 89 S.Ct. 2034, 23 L.Ed.2d 685, the court held that a search without a warrant incident to an arrest must be limited to the arrestee's person in order to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and to the area within the immediate control of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence.

Other Questions


Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
Does the search-incident-to-arrest exception apply to a search where the search occurred prior to the arrest? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
Can a search of an automobile without a warrant be conducted without obtaining a search warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
In a minor's probation application to the Court of Appeal, is the minor's claim that the search of his pockets was not justified by the search incident to arrest exception to the warrant requirement? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.