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Arresting defendant at his door and removing him did not permit search incident of house; Thornton does not apply to homes

By John Wesley Hall, Jr.

Defendant was arrested at his door on a warrant, handcuffed, and put in a police car. The police conducted a protective sweep of the premises and then went back in and looked for evidence, finding a gun under a sweatshirt. The defendant was too far from the house to be able to obtain evidence or contraband. The search was governed by Chimel and not Thornton because the rationales are different. People v. Leal, 2008 Cal. App. LEXIS 297 (6th Dist. February 28, 2008): For Fourth Amendment purposes, the difference between an automobile and one's private residence is significant. "[S]eizures of automobiles 'deal neither with searches nor with the sanctity of private dwellings, ordinarily afforded the most stringent Fourth Amendment protection.'" (City of Indianapolis v...continue to full post

Full post as published by Fourth Amendment on March 01, 2008 (boomark / email).