Saturday, November 21, 2015

What expectations of privacy and protection from search and seizure does the defendant have after arrest?

I assume that you are asking about an arrest in which the
police do not also have a search warrant.  If this is the case, the police have the
right to search the arrestee and they have the right to search in ways that will protect
them from possible harm.  However, as seen in the Chimel v. California
case, the police may not search a whole house.  In that way, the arrestee has
the expectation of privacy in the rest of his or her
house.


When a person is arrested at home, the police may
search the area in his or her immediate control.  They may also search to the extent
that is necessary to ensure that they will not be attacked by anyone else who may be
hiding in the house.  However, they may not simply act as if they have a search warrant
and search the whole house.

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