Case law · Highest court · Federal

Chimel v. California

Decided
June 23, 1969
Docket
770
Status
Published
Jurisdiction
Federal

Cited 6,512 timesAbrogated on other grounds (not yet verified)Possible negative treatment: abrogated on other grounds, abrogated, overruled in part, overruled on other grounds, overruled in part on other grounds, abrogated in part (not yet verified) · United States v. Chad Camou

What later courts said

  • holding that Katz v. United States, 389 U.S. 347 [1967], does not apply to electronic surveillance conducted prior to the decision in that case — Commonwealth v. Forde (1975)
  • holding that Katz v. United States, 389 U. S. 347 [1967], does not apply to electronic surveillance conducted prior to the decision in that case — Commonwealth v. Forde (1975)
  • holding that a search incident to a lawful arrest does not violate the Fourth Amendment — (untitled) (2002)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Mb. Justice Stewakt delivered the opinion of the Court.

This case raises basic questions concerning the permissible scope under the Fourth Amendment of a search incident to a lawful arrest.

The relevant facts are essentially undisputed. Late in the afternoon of September 13, 1965, three police officers arrived at the Santa Ana, California, home of the petitioner with a warrant authorizing his arrest for the burglary of a coin shop. The officers knocked on the door, identified themselves to the petitioner’s wife, and asked if they might come inside. She ushered them into the house, where they waited 10 or 15 minutes until the petitioner returned home from work. When the petitioner entered the house, one of the officers handed him the arrest warrant and asked for permission to “look around.” The petitioner objected, but was advised that [*754] “on the basis of the lawful arrest,” the officers would nonetheless conduct a search. No search warrant had been issued.

Cite this

Chimel v. California, 395 U.S. 752 (1969)

Read the full opinion

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