Tuesday, December 7, 2010

Unlawful search incident to a lawful arrest

        Search and seizure is an area of  criminal law defense that seeks to suppress evidence recovered because of a 4th Amendment violation.  Recent case law holds that there is a limitation to a search incident to arrest that may only include the arrestee's person and the area within his immediate control. 
        Officers used to routinely encompass a wide array of situations to justify a search of a location or car as incident to arrest regardless where the suspect was being detained.  No longer can the search be justified as an area generally within which an arrestee might reach. 

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