Search Incident to a Lawful Arrest?
This exception allows law enforcement officers to conduct a warrantless search of an individual and the immediate area within their control at the time of arrest. The rationale behind this exception is to ensure officer safety and prevent the destruction of evidence. The legality of this exception has been upheld by the U.S. Supreme Court in cases such as Chimel v. California (1969) (Baldwin, 2019). The "search incident to a lawful arrest" exception permits law enforcement officers to conduct a warrantless search of an individual and the immediate area within their control at the time of arrest.For example, if an individual is arrested in their home, officers may conduct a search of the individual's person and the area immediately surrounding them, such as the area within their reach or where they could quickly access a weapon or evidence.
Abandonment: …show more content…
When an individual voluntarily relinquishes their possessory interest in an item, they no longer retain a reasonable expectation of privacy in it, and law enforcement may seize it without a warrant (Goodman, 2008). This exception is based on the principle that individuals cannot assert Fourth Amendment protections for items they have abandoned. Goodman examines various court decisions and legal theories to provide insights into how the abandonment exception operates within the framework of constitutional law. For example, if someone throws away a bag of illegal drugs in a public trash bin, they have effectively abandoned the drugs, and law enforcement may seize them without a