Chimel v.

California
Brief Fact Summary. The defendant, Chimel (the defendant ), was arrested inside his
home and police asked him for consent to search the home. The defendant refused
the request. The police proceeded nonetheless, incident to the lawful arrest an
d searched in different rooms. The police also had the defendant s wife open vario
us dresser drawers and remove their contents.
Synopsis of Rule of Law. Incident to a lawful arrest, a search of any area beyon
d the arrestee s immediate control, is unlawful under the Fourth Amendment of the
United States Constitution ( Constitution ), unless there is a clear danger that evi
dence may be destroyed or concealed or there is an imminent threat of harm to th
e arresting officers.

Facts. The police came to Defendant s home with an arrest warrant for an alleged b
urglary. The police asked permission to look around the house. The defendant refus
ed the request and the police proceeded to search the home anyways. The police a
lso made the defendant s wife remove contents of various dresser drawers. The poli
ce seized coins and medals which were later used to convict the defendant of bur
glary.
Issue. Where a defendant is lawfully arrested inside his home, is a warrantless
search of the area beyond the defendant s immediate control constitutional?
Held. Any search in an arrestee s home beyond arrestee s person and the area within
his immediate control is unreasonable under the Fourth Amendment of the Constitu
tion.
Dissent. Where there is probable cause to search and there is a clear danger tha
t the items which are the subject of the search may be removed prior to police o
btaining a search warrant, a warrantless search of the area beyond an arrestee s i
mmediate control is reasonable under the Fourth Amendment of the Constitution.
Concurrence. Given the variety of circumstances which police encounter, this dec
ision will create additional burdens on law enforcement. Whether or not the warr
ant requirement will protect individual rights in each and every local situation
is uncertain.

Discussion. Contemporaneous searches incident to a lawful arrest are reasonable

to seize weapons as well as prevent the destruction or concealment of evidence.
Searches beyond the scope of these justifications are unreasonable under the Fou
rth Amendment of the Constitution.