Brief Fact Summary. The defendant, Chimel (the “defendant”), was arrested inside his home and police asked him for consent to search the home. The defendant refused the request. The police proceeded nonetheless, incident to the lawful arrest and searched in different rooms. The police also had the defendant’s wife open various dresser drawers and remove their contents.
Synopsis of Rule of Law. Incident to a lawful arrest, a search of any area beyond the arrestee’s immediate control, is unlawful under the Fourth Amendment of the United States Constitution (“Constitution”), unless there is a clear danger that evidence may be destroyed or concealed or there is an imminent threat of harm to the arresting officers.