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Article: The "evaporation point": State v. Sykes and the erosion of the Fourth Amendment through the search-incident-to-arrest exception.
- Article from:
- Iowa Law Review
- Article date:
- July 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: The Framers designed the Fourth Amendment to protect people against warrantless searches, General Warrants, and Writs of Assistance. They intended that police would have to secure search warrants unless an emergency justified an exception. In Chimel v. California, the U.S. Supreme Court followed the intent of the Framers in creating a limited search-incident-to-arrest exception to the warrant requirement that was justified by legitimate rationales. However, in decisions following Chimel, the Supreme Court has expanded the allowable scope of searches incident to arrest and has moved away from the strict adherence to the Chimel rationales. In State v. Sykes, the ...