For Your Data Chimel V. California Representative Brief
February 20, 2019
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- Chimel v. California illustration brief summary
- Police had an arrest warrant for Chimel as well as waited inwards his dwelling solid permit inwards past times his married adult woman until he got home. When he got dwelling solid they asked if they could hold back around as well as he objected but they did however without a search warrant
- They got an arrest warrant because they had in all likelihood campaign that he robbed the money store
- They searched the whole solid fifty-fifty the attic as well as garage. They had the married adult woman opened upwardly drawers as well as deed content around
- The arrest was valid. The trial is whether the search was valid
- Police: nosotros accept an arrest warrant as well as in all likelihood cause- why can’t nosotros but search
- When an arrest is made it is reasonable for the officeholder to search the individual
- Reasonable for them to search the expanse inside his immediate control where he may live on able to gain possession of a weapon
- There is no justification for searching whatever room other the 1 the arrest occurs inwards or fifty-fifty desk drawers inwards the room itself
- They could’ve easily gotten a search warrant
- The search would accept been okay if it was the but the immediate expanse around him
- DISSENT: The D is already inwards police clit custody of a lawful arrest- it is reasonable to search
- If the police clit accept to larn out to larn a warrant it could obstruct prove
- If this came out the other way, full general search warrants would live on permissible. There would live on no incentive for search warrants
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