In decisions contemporaneous to and subsequent to Chimel , applying pre- Chimel standards because that case was not retroactive, Williams v. See Von Cleef v. New Jersey, U. Louisiana, U. New Hampshire, U. Substantially extensive searches were, however, approved in Williams v. Accord , Flippo v. West Virginia, U. Defendant and his luggage, a footlocker, had been removed to the police station, where the search took place.
Illinois v. Andreas, U. LaFayette, U. Opperman, U. Similarly, an inventory search of an impounded vehicle may include the contents of a closed container. Colorado v. Bertine, U. Inventory searches of closed containers must, however, be guided by a police policy containing standardized criteria for exercise of discretion.
Florida v. Wells, U. Buie, U. In this particular instance, Belton had been removed from the automobile and handcuffed, but the Court wished to create a general rule removed from the fact-specific nature of any one case. It thus includes closed or open glove compartments, consoles, or other receptacles located anywhere within the passenger compartment, as well as luggage, boxes, bags, clothing, and the like.
Our holding encompasses only the interior of the passenger compartment of an automobile and does not encompass the trunk. Gant, U. Slip op. Annotations Search Incident to Arrest. Justia Legal Resources. Find a Lawyer. You need an experienced criminal defense lawyer to get the facts and research your case to hold the police to the proper standard. Last but not least, the all-time favorite: consent.
Still, the validity of these searches can be scrutinized. There have been occasions where cases have been thrown out for invalid consent. If you have any more questions about searches, feel free to start an email or live chat with us. Other examples include reasonable belief of imminent destruction of evidence, risk of injury to occupants or others, or escape of the suspect.
As one important note, the actual actions of the officer involved in this investigation were not determined to be unconstitutional.
The case was remanded for assessment under the rule being established. The interpretation of how this decision impacts law enforcement operations begins with the recognition any forced entry into a residence is a potentially volatile set of circumstances. An officer may encounter an unknown number of suspects. The presence of weapons is uncertain. These hazards also aggravate the risk of a rapidly occurring close quarter confrontation with minimal time for an officer to evaluate what they are facing.
The arrival of additional cover officers may also be unpredictable based on travel distance, traffic conditions, and time required to locate the actual place of contact.
As leaders in law enforcement, any time our personnel are exposed to these dangers, we want to assure the public safety objectives are risk appropriate.
California law enforcement is very familiar with this type of weighing of need for apprehension balanced against risks in existence at that immediate time.
We recognize the same type of assessment occurs in whether to initiate or continue vehicle pursuits giving consideration to risk of injury, whether suspect identity is known, and the viability the suspect can be arrested at a later time, offset against the dangers associated with the suspect remaining present in the community. One of the benefits from utilizing the warrant process is the actions we take will already have been subject to judicial review.
The use of a warrant also means control of operational cadence and momentum and the level of resources a department deploys shifts away from the suspect and back to the agency. In terms of steps a department can take in response to this decision, agencies may want to confirm all field personnel have access to and are familiar with the mechanism for obtaining warrants during nighttime hours and on weekends.
This may also be an occasion to affirm to our first-line supervisors and watch commanders the critical nature of their role in the organization in guiding this type of enforcement operation. Similarly, this could be a timely opportunity to conduct update training on principles of command and control and service of warrants.
As always, if you wish to discuss this matter in greater detail, please feel free to contact me at —, or via email, at jrt jones-mayer. Information on www. The mailing of this Client Alert Memorandum is not intended to create, and receipt of it does not constitute, an attorney-client-relationship.
Randolph , U. Search Our Site Show Results. Provided by James R.
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