ADM JUS 1 Lecture Notes - Lecture 3: East Los Angeles College, Exigent Circumstance, Misdemeanor
17 Jun 2020
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Incidental to a lawful arrest, the area in the immediate control of the arrestee can be searched (chimel v. california) When the arrestee is the recent occupant of an automobile, the passenger compartment and containers found in the passenger compartment can be searched incidental to the arrest (n. y. v. belton and thorton v. u. s. ). The reasoning behind this is to protect officers" safety and prevent the destruction of evidence. In louisiana, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. Even if the subject of the arrest warrant is in a third person"s home where the police do not have a search warrant to enter (state v. barret) The right to search incidental to an arrest even follows after an arrest for a misdemeanor. (atwater v. city of lago vista)
