+ Chimel v. California September 18, 2013

+ September 16 - Mexican Independence from Spain September 16, 1810, Miguel Hidalgo, who was a Catholic priest in the village of Dolores, Guanajuato, ordered the arrest of the Spaniards who lived in Dolores. He then rang the church bell, which customarily called the townspeople to mass. Hidalgo shouted his call to arms against Spain. That famous cry, known as "El Grito," is re-enacted all over present-day Mexico on the night of September 15th. Mexicans celebrate their independence on two consecutive days, the 15th and 16th of September. Many respected historians believe he said, "¡Viva la Virgen de Guadalupe!" "Death to bad government.!"

+ September 17 - Constitution Day We celebrate one of America’s greatest documents. More than simply a guideline for government, for 226 years, we have relied on the U.S. Constitution — and the principles of liberty and equality embedded in its words — to make America a more fair and just place for all

+ Today – September 18, 2013 we’re still talking about bad government and the constitution Chimel v. California

+ Facts : Burglary of Jewelry Store Arrest vs. Search warrant Search house from top to bottom – attic, garage and small workshop. Cursory search versus thorough search

+ Issue ? Should the items seized be permissible evidence? Was the scope of the search unreasonable under the Fourth and Fourteenth Amendments?

+ From State Courts to Federal Court California Court of Appeal & California Supreme Court both convicted Chimel and affirmed the judgments Both courts Arrest was invalid because the supporting affidavit was set out in conclusory terms, but held that officers acted in good faith. The USSC granted certiorari to hear the substantial constitutional claims

+ USSC Rationale Carroll v. US – under legal arrest what is found on you or in your control that is unlawful and can be used to prove offense may be seized and held. Agnello v. US – contemporaneously search the place where the arrest is made Marron – if you have a search warrant, which would list the articles you’re looking for, you don’t have to ignore other things used to carry on criminal enterprise Go-Bart Importing Co v. US – “had an abundance of information and time to swear out a valid [search] warrant, he failed to do so.” – search and seizure unlawful

+ Fourth Amendment – “no Warrants shall issue, but upon probable cause”

+ 4 th Amendment places the magistrate between citizen and police

+ Today – September 18, 2013 we’re still talking about bad government and the constitution Chimel v. California

+ 14 th Amendment places the magistrate between citizen and state No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

+ Considerations Search incident to arrest for officer safety Area within reach to gain a weapon or destroy evidence Remote in Time and place