Legal Opinion

Borges v. State

Court of Special Appeals of Maryland

Decided August 1, 2024No. 0134/23Published

1Opinion of the Court

Tyron Devon Borges v. State of Maryland, No. 134, Sept. Term, 2023. Opinion filed on August 1, 2024, by Wells, C.J. CRIMINAL LAW – SEARCH, SEIZURE, AND ARREST – IN GENERAL Under Chimel v. California,

395 U.S. 752

(1969), a search incident to arrest allows the police to search the person of the arrestee and any area within his immediate control to protect themselves from danger and to prevent the destruction or concealment of evidence. Here, the officers searched clothing within appellant’s reach, lunge, or grasp for their own safety because they were executing an arrest warrant for first degree…

2Cases cited23 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. New York v. BeltonSupreme Court of the United States · 1981
  3. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  4. Arizona v. GantSupreme Court of the United States · 2009
  5. Maryland v. KingSupreme Court of the United States · 2013

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