Skip to main content

What were the arguments in Chimel v. California?

In the case of Chimel V. California (1969), police suspected that Chimel had robbed a rare coin store. They went to his house with an arrest warrant, and his wife let them in. They arrested him when he came home and asked him for consent to search, which he did not grant them. While inside, they searched the premises and found the coins. The police argued that they had the right to search the home...

In the case of Chimel V. California (1969), police suspected that Chimel had robbed a rare coin store. They went to his house with an arrest warrant, and his wife let them in. They arrested him when he came home and asked him for consent to search, which he did not grant them. While inside, they searched the premises and found the coins. The police argued that they had the right to search the home because they were already inside and had a lawful arrest warrant for Chimel.


Chimel argued that while the arrest was lawful, the search was not. He appealed on the basis that they did not have a search warrant, only an arrest warrant. He argued that the evidence was inadmissible in court due to the fact that it was obtained unlawfully, and therefore could not be used against him in a court of law. Chimel believed that this constituted an unlawful search and seizure under the Fourth Amendment.


The prosecution, of course, insisted that the search and seizure were both lawful, due to the fact that the police had an arrest warrant. They argued that this gave the police the right to search the entire house, and that it was considered a "search incident to a lawful arrest," or SILA. The Appellate Court upheld the conviction, but Chimel appealed again. It was eventually overturned and reversed by the Supreme Court which ruled that the arresting officer only has the power to search the area "within the immediate control" of the person being arrested.

Comments

Popular posts from this blog

What is hyperbole in the story "The Gift of the Magi" by O. Henry?

The most obvious use of hyperbole in "The Gift of the Magi" occurs when the narrator describes Della's and Jim's evaluations of their two treasures—her long, luxuriant hair and his gold watch. Had the Queen of Sheba lived in the flat across the airshaft, Della would have let her hair hang out the window some day to dry just to depreciate Her Majesty's jewels and gifts. Had King Solomon been the janitor, with all his... The most obvious use of hyperbole in "The Gift of the Magi" occurs when the narrator describes Della's and Jim's evaluations of their two treasures—her long, luxuriant hair and his gold watch. Had the Queen of Sheba lived in the flat across the airshaft, Della would have let her hair hang out the window some day to dry just to depreciate Her Majesty's jewels and gifts. Had King Solomon been the janitor, with all his treasures piled up in the basement, Jim would have pulled out his watch every time he passed, just to see him plu

How can I analyze Moon and Six Pence by Somerset Maugham?

In "Moon and Sixpence," loosely based on the life of Paul Gaugin, Maugham presents a study of the tension between the "civilized" life of 19th century Europe, and the lead character's desire to throw off the shackles of bourgeois life. Charles Strickland is a middle-aged English stockbroker with a wife and family. By abandoning his domestic life, Strickland commits what many in European society would consider a gross betrayal of one of the foundations of... In "Moon and Sixpence," loosely based on the life of Paul Gaugin, Maugham presents a study of the tension between the "civilized" life of 19th century Europe, and the lead character's desire to throw off the shackles of bourgeois life. Charles Strickland is a middle-aged English stockbroker with a wife and family. By abandoning his domestic life, Strickland commits what many in European society would consider a gross betrayal of one of the foundations of that society. His decision to e

What are some literary devices in Macbeth, Act V, Scene 1?

Act V, Scene i of Macbeth certainly continues the imagery that is prevalent in the play with its phantasmagoric realm, as in this scene a succession of things are seen or imagined by Lady Macbeth. Imagery - The representation of sensory experience Lady Macbeth imagines that she sees bloody spots (visual imagery) on the stairs; she also smells blood (olfactory imagery): Here's the smell of the blood still. All the perfumes of Arabia will not... Act V, Scene i of Macbeth certainly continues the imagery that is prevalent in the play with its phantasmagoric realm, as in this scene a succession of things are seen or imagined by Lady Macbeth. Imagery - The representation of sensory experience Lady Macbeth imagines that she sees bloody spots (visual imagery) on the stairs; she also smells blood (olfactory imagery): Here's the smell of the blood still. All the perfumes of Arabia will not sweeten this little hand. Oh! oh, oh! (5.1.53-55) Hyperbole - Obvious exaggeration  There is also h