Sunday, January 13, 2019

Chimel v. California case brief

Chimel v. California case brief summary

Police had an arrest warrant for Chimel and waited in his home let in by his wife until he got home. When he got home they asked if they could look around and he objected but they did nonetheless without a search warrant
They got an arrest warrant because they had probable cause that he robbed the coin shop
They searched the whole house even the attic and garage. They had the wife open drawers and move content around 

The arrest was valid. The issue is whether the search was valid.

•Police: we have an arrest warrant and probable cause- why can’t we just search
•When an arrest is made it is reasonable for the officer to search the person
•Reasonable for them to search the area within his immediate control where he may be able to gain possession of a weapon
•There is no justification for searching any room other the one the arrest occurs in or even desk drawers in the room itself
•They could’ve easily gotten a search warrant.
•The search would have been okay if it was the just the immediate area around him. 

The defendent is already in police custody of a lawful arrest- it is reasonable to search
If the police have to leave to get a warrant it could obstruct evidence
If this came out the other way, general search warrants would be permissible. There would be no incentive for search warrants
Support us by:

Checking out our amazing store on Etsy:

While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.

Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.