After arresting a suspect, under what conditions are officers allowed to search the arrestee's home?
What will be an ideal response?
The Supreme Court has ruled on the conditions in three cases:
James v. Louisiana (1965): "A search can be ‘incident to an arrest' only if it is substantially contemporaneous with the arrest and is confined to the immediate vicinity of the arrest.".
Shipley v. California (1969): "The Constitution has never been construed by this Court to allow the police in the absence of an emergency to arrest a person outside his home and then take him inside for the purpose of conducting a warrantless search.".
Vale v. Louisiana (1970): "If a search of a house is to be upheld as incident to arrest, that arrest must take place inside the house. We decline to hold that an arrest on the street can provide its own exigent circumstance so as to justify a warrantless search of the arrestee's house.".
Police do, however, have a right to maintain control over a suspect once he is arrested. If the suspect is arrested outside his home and requests an opportunity to go back inside temporarily (such as to obtain bail money or ID, to get a jacket, or tell his family of his predicament), he is giving police implied consent to accompany him inside. If officers then see contraband or evidence in plain view, they have a right to seize it.
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