Search Incident & Protective Sweeps

Chimel: Search Incident Objectives: –Protect the police from danger – Preserve evidence Types of arrests –The arrest must be _____________ Does the doctrine apply to arrests where the arrestee is not likely to be dangerous or have weapons? [U.S. v. Robinson]

–Yes, e.g., person has revoked driver’s license is arrested. –Some states have enacted stricter safeguards under their state constitutions. When must the search occur? Contemporaneous requirement Remember the objectives of this exception to the warrant requirement.

Scope of search Lunge or grab area a.Area within immediate control of arrestee b.How about: arrest made in living room; search of light fixture two feet away turned up marijuana? c.How about: light fixture is 10 feet away? d.How about: arrestee is handcuffed and placed on the couch, and the fixture, 5 feet away, is searched?

Immediate control factors:  Is arrestee restrained?  What is ratio of officers to arrestees?  How far away is the arrestee?  How accessible is the area or container?  Are police positioned so as to block off the area?

Person arrested in his car: passenger compartment and all its contents can be searched [NY v. Belton] But if the arrest occur outside the car, suspect’s car can be searched only if suspect can reach the car OR the car contains evidence relate to the offense of arrest. [Gant]

Buie: Protective Sweep Same objectives as Terry Police must have articulable facts and rational inferences from those facts = reasonable belief –That what? That someone else is in the house who could endanger the police –Cf. Chimel: the threat posed by the arrestee –Buie: threat posed by others who may be in the house

What are articulable facts? How about:  Routine policy to sweep to make sure others are not in the house?  Not knowing whether there are others in the house?  Arrestee is especially violent?  Police heard footsteps and a thud when arrested person initially came to open the door?

Probable cause not required Reasonable suspicion is required The inspection is cursory Where? –Anywhere a person may be found How long? –Only as long as needed to dispel the danger –No longer than it takes to arrest and leave! That’s all