An Exception Swallows a Rule: Policy Authority to Search Incident to Arrest

62 Pages Posted: 30 Jul 2008

See all articles by Wayne A. Logan

Wayne A. Logan

Florida State University - College of Law

Date Written: 2001

Abstract

Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein.

Suggested Citation

Logan, Wayne A., An Exception Swallows a Rule: Policy Authority to Search Incident to Arrest (2001). Yale Law & Policy Review, Vol. 19, 2001, FSU College of Law, Public Law and Legal Theory Series, Available at SSRN: https://ssrn.com/abstract=1186526

Wayne A. Logan (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

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