1. 1 Book Cover Here Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 7 Search Incident to a Lawful Arrest, Hot Pursuit Criminal Justice Procedure 8 th Edition

2. 2 Introduction The reality of police work is that most searches occur without a warrant. This chapter examines in detail two situations in which obtaining a search warrant is not practical. – search incident to a lawful arrest – hot pursuit In both of these situations, officers may search without a warrant without violating the 4 th Amendment. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 7

3. 3 Search Incident to Arrest Search incident to a lawful arrest is one of the exceptions to the warrant requirement upheld by the Supreme Court. There are three reasons why these types of searches are lawful. – they protect officers from suspects being able to access weapons they may use to injure or kill the officer while transporting the offender. – they help prevent arrested persons from being able to escape. – they preserve evidence suspects might destroy or damage if officers had to leave to obtain a search warrant. Valid searches incident to lawful arrests require two elements to be lawful: – the arrest must be valid from the start. – search must be limited to the person and the area within his or her immediate control. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 7

4. 4 Chimel v. California Chimel states that the police may search the area in the arrestee’s “immediate control” when making a valid arrest, whether the arrest takes place with or without a warrant. – Immediate control is defined as the area from within which he might gain possession of a weapon or destructible evidence. – The opinion does not clearly indicate what is meant by the “area of immediate control.” – Interpretation of this holding has determined that the wingspan of the individual is within the searchable. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 7

5. 5 United States v. Robinson Robinson allows the search of a person’s body after a lawful arrest. – Prior to Robinson, courts allowed a full-body search (as opposed to a frisk) only if the officer feared for his or her personal safety. The Robinson holding extended the scope of the search incident to a lawful arrest by allowing officers to conduct full body searches in incidents where they were not in fear of their safety and had no additional probable cause to believe that the offender was armed. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 7

6. 6 Similar Case In United States v. Edwards, the Court determined that after a lawful arrest and detention, any search conducted at the place of detention, which would have been lawful at the time of the arrest, may be conducted without a warrant, even though a substantial period of time had elapsed between the arrest and the search. Copyright © 2013, Elsevier Inc. All Rights Reserved

7. 7 Maryland v. Buie This case is significant because it authorizes the practice in some police departments of conducting a “protective sweep” during an arrest. The protective sweep allowed by Buie is limited in scope. The following limitations (taken from the language of the court’s decision) must be observed: – There must be articulate facts which... would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger. – Such a protective sweep is not a full search of the premises, but may extend only to a cursory inspection of the spaces where a person may be found. – The sweep lasts no longer than is necessary to dispel the reasonable suspicion of danger and in any event no longer than it takes to complete the arrest and depart the premises. Copyright © 2013, Elsevier Inc. All Rights Reserved

8. 8 Hot Pursuit Hot pursuit is an emergency situation in which some sort of a chase is involved, usually officers chasing a fleeing suspect. The Court has determined that the search based on hot pursuit, can only be as extensive as is necessary to prevent the suspect from escaping or resisting arrest. Copyright © 2013, Elsevier Inc. All Rights Reserved

9. 9 Warden v. Hayden Based on the Warden holding, if officers are immediately on the heels of a fleeing felon who darts into a home, they are not required to take a break from the pursuit to get a warrant. This case establishes that a warrant is not needed if there are probable cause and “exigent” (emergency) circumstances. Furthermore, they are authorized to search any area of the property whether the person may be located, and where weapons may be kept. Under this ruling, any evidence, not just contraband, that can help prove the case against the defendant can be seized by the police when they make a warrantless entry based on hot pursuit. Copyright © 2013, Elsevier Inc. All Rights Reserved

10. 10 Hot Pursuit In United States v. Santana, the Court determined that the “chase” could be very limited yet still be considered a hot pursuit. – The Court held that the act of retreating into the home could not stop officers from making an otherwise lawful arrest Furthermore, officers are authorized to search any area to which probable cause extends to believe that the fleeing felon may be hiding or where the fleeing felon may have stashed the proceeds of the crime. Copyright © 2013, Elsevier Inc. All Rights Reserved

11. 11 Conclusion This chapter identifies two specific exceptions to the search warrant requirement: – search incident to a lawful arrest – hot pursuit Once the valid arrest is made (either with a warrant or probable cause) officers are authorized to search the body of the arrested person, and the area within his or her immediate control. In addition to searches of the person and the area within his or her immediate control, officers may conduct a protective sweep of the premises to make certain that no additional people are hiding who could cause harm or destroy evidence. Finally, hot pursuit cases allow officers to enter into homes to apprehend fleeing felons when they would otherwise need to secure a warrant to do so Copyright © 2013, Elsevier Inc. All Rights Reserved