RESEARCH INCIDENT TO CUSTODIAL ARREST FOR TRAFFIC VIOLATION

In these two cases the supreme court has ruled that in, the case of a custodial arrest for a traffic violation, a full search of the person of the arrestee is a permissable exception to the fourth amendment warrant requirement, and that the arresting officer is not subject to the traditional criteria of reasonableness in conducting the search. The author states that the effect of these rulings is to give the police carte blanche in the conduct of searches of the person incident to arrest, and to allow an upsurge of spot checks and pretext traffic arrests. She concludes that the balance of the police need to search against the individual's right to privacy has been weighted in favor of police power. /Author/

• Corporate Authors:

  American Bar Association

  1800 M Street, NW
  Washington, DC  United States  20036
• Authors:
  • Golden, V G
• Publication Date: 1974

Media Info

• Pagination: 14 p.
• Serial:
  • American Criminal Law Review
  • Volume: 12
  • Issue Number: 2
  • Publisher: American Bar Association

Subject/Index Terms

• TRT Terms: Courts; Police powers; Traffic arrests; Traffic violators
• Old TRIS Terms: Searching
• Subject Areas: Highways; Law; Safety and Human Factors; Security and Emergencies;

Filing Info

• Accession Number: 00141744
• Record Type: Publication
• Source Agency: National Criminal Justice Service
• Files: TRIS
• Created Date: Aug 4 1977 12:00AM