Chimel vs California - case brief PDF

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Andy Chrispen CJS 305.001 Chimel vs. California 395 U.S. 752 (1969) FACTS: On September 13, 1965, three police officers came to Chimel’s house with a warrant for his arrest. Chimel’s wife let the officers inside and said that Chimel would be home in 10 or 15 minutes. When Chimel came home the officers asked if they could look around. Chimel said no, but he was advised to let them look around because on the basis of a lawful arrest they would conduct a search anyways. There was no search warrant, though. The search was brief in some rooms, but in other rooms Chimel’s wife was instructed to move things around in order for the officers to see under them. The search took 45 minutes and there were several items seized. At his trial the evidence was admitted. He was convicted in the California Court of Appeals and the California Supreme Court as well as at his original trial. The Supreme Court granted certiorari. QUESTION: Is it unreasonable under the Fourth Amendment to search a person’s house upon arrest without a search warrant? NO OPINION: Stewart, J. 1. During a search it is okay to search people for weapons a. Any objects may be seized as well b. This also goes for anything within reach 2. However, there needs to be a search warrant to search other areas in the house as well as drawers and other concealed places 3. It is not okay to look at everything in someone’s house just because he or she is being arrested 4. Judgment is reversed DISSENT: White, J. along with Black, J. 1. This is not an unreasonable search a. Just because he does not have a search warrant does not mean it was not right to search his house b. He was arrested in his home and there was probable cause to search 2. If they would have arrested Chimel and taken him to the station while getting a search warrant, then she could have hid all of the evidence...