Author Question: Summarize the requirements for a valid search incident to arrest. What will be an ideal ... (Read 128 times)

dakota nelson · **on:** Aug 24, 2018

Summarize the requirements for a valid search incident to arrest.

What will be an ideal response?

Question 2

Testimony given at a preliminary examination may be introduced at the trial when the witness is unavailable if the original testimony was ___________________ __________.

Fill in the blank(s) with correct word

Laurenleakan · **Reply #1 on:** Aug 24, 2018

Answer to Question 1

The most basic requirement concerning searches incident to arrestand one that is often
overlookedis that the arrest itself must be lawful. Timing of a search incident to arrest is also important. In particular, probable cause to arrest must precede the warrantless search (Sibron v. New York, 392 U.S. 40 1968). A search incident to arrest is also limited scope, or the area that may be searched. The case of United States v. Rabinowitz, 339 U.S. 56 (1950), was the first to set limits on the scope of a search incident to arrest. Officers armed with a valid arrest warrant arrested a man and then conducted a warrantless search of his one-room business, including the desk, safe, and file cabinets.

Answer to Question 2

subject to cross-examination California v. Green (1970)