Legal Opinion
State v. Welsh
Supreme Court of New Jersey
Decided September 18, 1980PublishedCited by 37 opinions
1Opinion of the Court
The opinion of the Court was delivered by
CLIFFORD, J.
The issue presented by this appeal is whether the police may constitutionally conduct a warrantless search of an automobile when the driver is stopped on a public highway and arrested pursuant to a lawful arrest warrant. Under the circumstances of this case the question must be answered in the negative. We reaffirm that the scope of a search incident to an arrest must be limited to the person of the arrestee and the area within his immediate control, as mandated by Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).
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On…
2Cases cited12 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Carroll v. United StatesSupreme Court of the United States · 1925
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Delaware v. ProuseSupreme Court of the United States · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. BruzzeseSupreme Court of New Jersey · 1983
- State v. AlstonSupreme Court of New Jersey · 1981
- State v. GoodwinSupreme Court of New Jersey · 2002
- State v. JohnsonSupreme Court of New Jersey · 2002
- State v. PierceSupreme Court of New Jersey · 1994
32 more not listed; retrieve them via the Exa API.