Procedure | Resources | Sec. 2.4

Fundamentals of Procedural Law by Adam J. McKee

 

Assign This Section

Reading Assignment for Section 2.4

Read the following subsection from our online textbook: Section 2.4: Search Incident to Arrest

What You Will Learn

In this section, you’ll explore the legal foundations of Search Incident to Arrest (SITA) and how it is rooted in the Fourth Amendment. You’ll learn about the specific conditions under which warrantless searches can be conducted during an arrest, focusing on officer safety and evidence preservation. Additionally, you’ll examine the scope and limitations of SITA, including its application to modern technologies and the ongoing balance between privacy rights and public safety.

Student Learning Outcomes for Section 2.4

  • SLO 1: Explain the historical origins and legal foundations of Search Incident to Arrest (SITA), including its basis in the Fourth Amendment and key cases such as Chimel v. California (1969).
  • SLO 2: Identify the specific conditions under which law enforcement officers can conduct a warrantless search during an arrest, focusing on officer safety and evidence preservation.
  • SLO 3: Analyze the scope and limitations of SITA, including the concept of “immediate control” and exceptions such as exigent circumstances, consent searches, and inventory searches.
  • SLO 4: Evaluate the impact of SITA on individual privacy rights and law enforcement practices, considering landmark cases like Arizona v. Gant (2009) and Riley v. California (2014).
  • SLO 5: Assess the challenges and controversies surrounding SITA, particularly in relation to evolving technologies and the balance between constitutional protections and public safety.

[Go to the Text Section | Index]

Case Readings

2.4 Search Incident to Arrest Chimel v. California, 395 U.S. 752 (1969) Scope of Search Incident to Arrest
United States v. Chadwick, 433 U.S. 1 (1977) Warrant Requirement for Searches of Containers

Slide Presentations

Present from the web:

Contents | Next ]


Last Updated:  01/08/2025

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.