Searches and Seizures Act

Summary

Searches and Seizures Act - States that a warrantless search of a person or his property incident to an arrest is prohibited, but that this provision shall not be construed: (1) to prohibit a warrantless search of the person of the arrestee or the area within his immediate control if the arresting officer has probable cause to believe that the search will produce evidence of the law violation with which the person has been charged, and if the arresting officer conducts a search limited in scope to an intrusion that is appropriate to the discovery of the evidence that is sought; or (2) to prohibit the arresting officer from conducting a search limited in scope to an intrusion that is appropriate to the discovery of any hidden weapons if he reasonably believes that the person arrested is armed and will endanger him as he is making the arrest. Provides that a warrantless search of a person or his property incident to any pretrial custody, detention, imprisonment, or other incarceration of that person which follows from his arrest is prohibited except that in such cases limited search for weapons is permissible.

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1 official file

• Introduced in Senate

  summary · EN · 19 November 1974

  Open at official source

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