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Article
A Reconsideration of the Fourth Amendment's Doctrine of Search Incident to Arrest.pdf
Georgetown Law Journal (1975)
  • David Aaronson
Abstract
INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.
Keywords
  • search incident to arrest,
  • right to thorough search,
  • immediate control,
  • Fourth Amendment,
  • search warrant
Publication Date
1975
Citation Information
David Aaronson. "A Reconsideration of the Fourth Amendment's Doctrine of Search Incident to Arrest.pdf" Georgetown Law Journal Vol. 64 (1975) p. 3353 ISSN: 0016-8092
Available at: http://works.bepress.com/david_aaronson/29/