Searches Incident To A Lawful Arrest
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Searches Incident To A Lawful Arrest
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the ''Chimel'' rule (from '' Chimel v. California''), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence. In most cases, a search warrant pursuant to the Fourth Amendment is required to perform a lawful search; an exception to this requirement is SITA. Related case law 1940s *In ''Harris v. United States'' (1947), the United States Supreme Court held that a law enforcement officer was permitted to perform a warrantless search during or immediately after a lawful arrest of the arrestee and their premises, regardless of what the arrest was for. 1950s *In ''United States v. Rabinowitz'' (1950), the court narrowed its ruling to searches of the area within the arrestee's "immediate control." 196 ...
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Chimel V
Chimel may refer to: *Chimel v. California, the United States Supreme Court case * Laj Chimel, a small town in Guatemala People with the surname * Tony Chimel Tony Chimel is an American former professional wrestling ring announcer best known for his time with WWE. Announcing career World Wrestling Federation / Entertainment / WWE Before Chimel become a ring announcer, he and Joey Marella were the main ...
, American wrestling announcer {{disambiguation, surname ...
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Missouri V
Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield and Columbia, Missouri, Columbia; the Capital city, capital is Jefferson City, Missouri, Jefferson City. Humans have inhabited what is now Missouri for at least 12,000 years. The Mississippian culture, which emerged at least in the ninth century, built cities ...
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Georgetown Law Journal
''The Georgetown Law Journal'' is a student-edited scholarly journal published at Georgetown University Law Center. It is the flagship law review of the Georgetown University Law Center. Overview The ''Georgetown Law Journal'' is headquartered at Georgetown University Law Center in Washington, D.C. and has published more than 500 issues since its inception, as well as the widely used ''Annual Review of Criminal Procedure'' (ARCP), a comprehensive practitioner's guide to criminal procedure. The ''Journal'' is the only top law journal to consistently publish on time. , it was the sixth-ranked law review . The ''Journal'' is currently, and always has been, run by law students. History Volume 1, Issue 1 was published in November 1912, under the supervision of Editor-in-Chief Eugene Quay. At the time, an annual subscription to the new Journal cost one dollar. The first article was titled “The 125th Anniversary of the Drafting of the Constitution of the United States.” In a th ...
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Information Privacy Law
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore. Over 80 countries and independent territories, including nearly every country in Europe and many in Latin America and the Caribbean, Asia, and Africa, have now adopted comprehensive data protection laws. The European Union has the General Data Protection Regulation (GDPR), in force since May 25, 2018. The United States is notable for not having adopted a comprehensive information privacy law, but rather having adopted limited sectoral laws in some areas like the California Consumer Privacy Act (CCPA). These laws are based on fair information practice guidelines developed by the ...
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Implied Consent
Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For example, if a person is unconscious as a result of injuries sustained during a traffic collision, medical treatment may be provided to that person, despite the unconscious person being unable to expressly grant consent for that treatment. The term is most commonly encountered in the context of United States drunk driving laws. Driving while intoxicated All U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a certified breathalyzer or by a blood sample by their choice, or similar manner of determining blood alcohol concentration. Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, in ...
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Breathalyzer
A breathalyzer or breathalyser (a portmanteau of ''breath'' and ''analyzer/analyser'') is a device for estimating blood alcohol content (BAC), or to detect viruses or diseases from a breath sample. The name is a genericized trademark of the Breathalyzer brand name of instruments developed by inventor Robert Frank Borkenstein in the 1950s. Origins A 1927 paper produced by Emil Bogen, who collected air in a football bladder and then tested this air for traces of alcohol, discovered that the alcohol content of 2 litres of expired air was a little greater than that of 1 cc of urine. However, research into the possibilities of using breath to test for alcohol in a person's body dates as far back as 1874, when Francis E. Anstie made the observation that small amounts of alcohol were excreted in breath. Also, in 1927 a Chicago chemist, William Duncan McNally, invented a breathalyzer in which the breath moving through chemicals in water would change color. One use for his ...
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Driving Under The Influence
Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the influence (OVI), and drink-driving (UK/Ireland)—is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. Terminology The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In the United States, the specific criminal offense is usually called driving under the influence, but states may use other names for the offense including "driving while intoxicated" (DWI), "operating while impaired" (OWI) or "operating while ability impaired", and "operating a vehicle under the influence" (OVI). Such ...
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Birchfield V
Birchfield may refer to: Places * Birchfield, Birmingham, England, United Kingdom, a suburb of Birmingham * Birchfield, New Jersey, United States an unincorporated community * Birchfield, Washington, United States an unincorporated community * Birchfield Halt railway station, a former railway station in Rothes, Scotland, United Kingdom * St Kieran's College, formerly known as Birchfield College, Roman Catholic secondary school in Kilkenny, Ireland Other uses * Birchfield (surname) * Birchfield (car), a former Australian car manufacturer * ''Birchfield v. North Dakota ''Birchfield v. North Dakota'', 579 U.S. ___ (2016) is a case in which the Supreme Court of the United States held that the search incident to arrest doctrine permits law enforcement to conduct warrantless breath tests but not blood tests on sus ...
'', a United States Supreme Court case about testing of drivers suspected to be under the influence {{geodis ...
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Exigent Circumstance In United States Law
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a " knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors hav ...
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Cell Phone
A mobile phone, cellular phone, cell phone, cellphone, handphone, hand phone or pocket phone, sometimes shortened to simply mobile, cell, or just phone, is a portable telephone that can make and receive calls over a radio frequency link while the user is moving within a telephone service area. The radio frequency link establishes a connection to the switching systems of a mobile phone operator, which provides access to the public switched telephone network (PSTN). Modern mobile telephone services use a cellular network architecture and, therefore, mobile telephones are called ''cellular telephones'' or ''cell phones'' in North America. In addition to telephony, digital mobile phones ( 2G) support a variety of other services, such as text messaging, multimedia messagIng, email, Internet access, short-range wireless communications (infrared, Bluetooth), business applications, video games and digital photography. Mobile phones offering only those capabilities are known as fea ...
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Riley V
Riley may refer to: Names * Riley (given name) * Riley (surname) Places * Riley Park–Little Mountain, a neighborhood in Vancouver, British Columbia, Canada * Riley Creek (Ontario), a tributary of the Black River in Central Ontario, Canada * Riley Green, hamlet in the Borough of Chorley, Lancashire, England * Riley (crater), a crater on Venus United States * Fort Riley, US Army post in northeast Kansas ** Fort Riley (CDP), Kansas, a part of the post designated by the United States Census Bureau * Riley, Indiana, town in Vigo County * Riley, Hancock County, Indiana * Riley, Oregon, small town in Harney County * Riley, West Virginia * Riley, Wisconsin, an unincorporated community * Riley County, Kansas ** Riley, Kansas Riley is a city in Riley County, Kansas, United States. As of the 2020 census, the population of the city was 938. History Riley was originally called Union, and under the latter name was founded in 1871. It was renamed Riley Center in the la ..., a ...
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Arizona V
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Four Corners region with Utah to the north, Colorado to the northeast, and New Mexico to the east; its other neighboring states are Nevada to the northwest, California to the west and the Mexican states of Sonora and Baja California to the south and southwest. Arizona is the 48th state and last of the contiguous states to be admitted to the Union, achieving statehood on February 14, 1912. Historically part of the territory of in New Spain, it became part of independent Mexico in 1821. After being defeated in the Mexican–American War, Mexico ceded much of this territory to the United States in 1848. The southernmost portion of the state was acquired in 1853 through the Gadsden Purchase. Southern Arizona is known for its desert climate, with v ...
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