The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Thursday, March 27, 1969
Decision: Monday, June 23, 1969
Issues: Criminal Procedure, Search and Seizure

Advocates

Ronald M. George (Argued the cause for the respondent)
Keith C. Monroe (By appointment of the Court, argued the cause for the petitioner)

Facts of the Case

Local police officers went to Chimel's home with a warrant authorizing his arrest for burglary. Upon serving him with the arrest warrant, the officers conducted a comprehensive search of Chimel's residence. The search uncovered a number of items that were later used to convict Chimel. State courts upheld the conviction.

Question

Was the warrantless search of Chimel's home constitutionally justified under the Fourth Amendment as "incident to that arrest?"

Conclusion

In a 7-to-2 decision, the Court held that the search of Chimel's house was unreasonable under the Fourth and Fourteenth Amendments. The Court reasoned that searches "incident to arrest" are limited to the area within the immediate control of the suspect. While police could reasonably search and seize evidence on or around the arrestee's person, they were prohibited from rummaging through the entire house without a search warrant. The Court emphasized the importance of warrants and probable cause as necessary bulwarks against government abuse.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 6 votes for Chimel, 2 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
Voted with the majority
Douglas
Voted with the majority
Warren
Voted with the majority
Brennan
Voted with the majority
Marshall
Voted with the minority, joined White's dissent
Black
Wrote a dissent
White
Wrote the majority opinion
Stewart
Wrote a regular concurrence
Harlan
Full Opinion by Justice Potter Stewart

Cite this page

The Oyez Project, Chimel v. California, 395 U.S. 752 (1969),
available at: <http://www.oyez.org/cases/1960-1969/1968/1968_770/>
(last visited ).