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Chimel v. California
No. 770
Argued March 27, 1969
Decided June 23, 1969
395 U.S. 752
(text edited)
(a) An arresting officer may search the arrestee's person to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and may search the area "within the immediate control" of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence. Pp. 395 U. S. 762-763.
(b) For the routine search of rooms other than that in which an arrest occurs, or for searching desk drawers or other closed or concealed areas in that room itself, absent well recognized exceptions, a search warrant is required. P. 395 U. S. 763.
(c) While the reasonableness of a search incident to arrest depends upon "the facts and circumstances -- the total atmosphere of the case," those facts and circumstances must be viewed in the light of established Fourth Amendment principles, and the only reasoned distinction is one between (1) a search of the person arrested and the area within his reach, and (2) more extensive searches. (end of case text)
NOTE: This is the partial text of the original case. DO NOT FOLLOW THIS AS THE LETTER OF THE CURRENTLY APPLIED LAW. Since this case was decided there have been numerous court modifications made to its interpretation and application.
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