What is the rule regarding searches incident to arrests for minor offenses as created and applied by the U.S. Supreme Court in U.S. v. Robinson?
What will be an ideal response?
In United States v. Robinson, the U.S. Supreme Court held that police officers
could conduct a search incident to a lawful arrest of anybody whom they will be
placing under a full custodial arrest, regardless of the seriousness of the offense.
Thus, the rule applies to felonies, misdemeanors and other minor offenses. The Court
decided that police needed a "bright line" rule to follow given the quick onthespot
judgments they must make in a particular situation. If police had to calculate every
time they arrested somebody whether the person likely posed a danger or whether
the offense for which the person was arrested was one which might turn up evidence
by a search incident, this could create too much uncertainty for police officers.
Instead, the "bright line" Robinson rule was created mainly for two reasons. The first
reason was the possible danger to police officers whenever they take suspects into
custody for whatever offense. The second reason was the logical impossibility of the
courts reviewing every police decision whether a search incident was justified by
danger to the officers, risk of escape, or risk of destruction of evidence.
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a. True b. False
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What will be an ideal response?
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A. independent model B. double deal model C. freelance model D. business model
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Answer the following statement true (T) or false (F)