Can police search YOUR home with ONLY an arrest warrant? | Search Incident to Arrest | Chimel v. CA

Home Search with an Arrest Warrant: What You Need to Know

Late in the afternoon of September 13, 1965, three police officers arrived at the Santa Ana, California, home of the petitioner with a warrant for his arrest for the burglary of a coin shop. The officers identified themselves to the petitioner’s wife and requested permission to enter. She allowed them in, and they waited 10–15 minutes for the petitioner to return from work. Upon his arrival, the officers presented the arrest warrant and asked to “look around.” The petitioner objected, but the officers proceeded based on the lawful arrest. No search warrant was issued.

Scope of the Search

The officers, accompanied by the petitioner’s wife, searched the entire three-bedroom home, including the attic, garage, and small workshop. While some areas were searched superficially, in the master bedroom and sewing room, the petitioner’s wife was instructed to open drawers and move contents so officers could inspect items potentially related to the burglary.

Search Incident to Arrest

When an individual is legally arrested, officers may seize items found on the person or in their control that could serve as evidence of the crime. This is known as a search incident to arrest.

Searches incident to arrest are justified to:

• Remove weapons that could endanger the officer or facilitate escape.
• Prevent destruction or concealment of evidence.
• Secure areas within the arrestee’s immediate control, including tables, drawers, or nearby items that could be used as weapons or evidence.

This principle was established in Chimel v. California, 395 U.S. 752 (1969).

Full case here: https://supreme.justia.com/cases/federal/us/395/752/#tab-opinion-1948123

FAQ: Home Searches with Arrest Warrants

Can police search my home if they only have an arrest warrant?

Yes, but only areas within the arrestee’s immediate control can be searched without a separate search warrant. Officers may search for weapons or evidence related to the crime.

Do I have to consent to a search if police have an arrest warrant?

No. Even without consent, police can conduct a search incident to a lawful arrest, but it must be limited to areas where the arrestee might reach weapons or destroy evidence.

What is considered the “area within immediate control”?

This includes areas from which the arrestee could access weapons or evidence, such as nearby drawers, tables, or personal belongings.

Video: Understanding Searches with Arrest Warrants

Anton Vialtsin, Esq.
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