: SAGE: search incident to arrest

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search incident to arrest

Although the U.S. Supreme Court has often asserted that, as a general rule, warrantless searches and seizures are unlawful, many exceptions, such as search incident to arrest, have been recognized. As early as 1914, the Court, in Weeks v. United States, noted that search incident to arrest was an exception under both English law and the Fourth Amendment. [Source: Encyclopedia of the Fourth Amendment; Search Incident to Arrest]

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