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Chimel v

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Questions and Answers

According to Chimel v. California, what areas can the police search without a warrant as a permissible incident of a lawful custodial arrest?

Only the person of the arrestee

Any area within the arrestee's control

Only the immediate area within the arrestee's reach

Both the person of the arrestee and the immediate area within the arrestee's reach (correct)

What is the reason behind allowing the police to search the person of the arrestee and the area within the arrestee's immediate control?

To remove any weapons that the arrestee might use to resist arrest or escape

To ensure the safety of the arresting officer

To prevent the concealment or destruction of evidence

All of the above (correct)

What does the Court mean by 'the area within the arrestee's immediate control'?

The immediate vicinity of the arrest

Only the area directly surrounding the arrestee

The area where the arrest occurred

Any area within the arrestee's reach (correct)

When can a Belton search be justified?

When evidence relevant to the crime might be found in the car Signup and view all the answers

What argument could be made against a search if an officer leaves a suspect unrestrained nearby just to manufacture authority to search?

The search is unreasonable because the officer failed to follow sensible procedures Signup and view all the answers

Why does the author suggest limiting Belton searches to cases where evidence relevant to the crime of arrest might be found in the vehicle?

To ensure that the search is reasonable Signup and view all the answers

What is the Chimel principle?

A search incident to arrest may not go beyond the area within the immediate control of the arrestee Signup and view all the answers

In New York v. Belton, what was the basis for the trooper's search of the automobile?

The trooper detected the odor of burnt marijuana emanating from the vehicle’s interior Signup and view all the answers

What was the Belton 'bright line' rule from 1981 through 2009?

An officer may search the passenger compartment of an automobile without a warrant Signup and view all the answers

What did Justice Scalia emphasize in his concurrence in Thornton v. United States?

The importance of limiting searches to the area within the arrestee’s 'immediate control' Signup and view all the answers