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United States v. Rabinowitz 339 U.S.56(1950)

DOCTRINWarrantless searches immediately following an arrest is constitutional.

C!S "RI#The decision overturned Trupiano v. United States (1948! which had "anned such searches.

#l"ert $. %a"inowit& was arrested in his o'ce on e"ruary 1)! 194*! for selling forged US postage stamps to an undercover federal o'cer.

ederal agents then conducted a warrantless! ninety+minute search of the o'ce! ,nding an additional -* forged stamps. /ourt voted -+*convicting %a"inowit&. Writing for the ma0ority! $ustice Sherman inton wrote that only 2unreasonable2 searches were "anned under theourth #mendment3 searching the o'ce of a suspected forger at the site of his lawful arrest was held to "e reasona"le.

#!CTS$

n e"ruary 1! 194*! a printer who possessed plates for forging 2overprints2 on canceled stamps was ta5en into custody.

6e disclosed that respondent! a dealer in stamps! was one of the customers to whom he had delivered large num"ers of stamps

"earing forged overprints.

n e"ruary )! 194*! a postal employee was sent to respondent7s place of "usiness to "uy stamps "earing overprints and the eperts

con,rmed that the said stamps were forgeries.

ater! a warrant for the arrest of respondent was o"tained.

#rmed with this valid warrant for arrest! the :overnment o'cers! accompanied "y two stamp eperts! went to respondent7s place of"usiness! a one+room o'ce open to the pu"lic.

The o'cers thereupon arrested the respondent! and over his o"0ection searched the des5! safe! and ,le ca"inets in the o'ce fora"out an hour and a half. They found and sei&ed -* stamps! on which it was later determined that overprints had "een forged!along with some other stamps which were su"se;uently returned to respondent.

6e was convicted! "ut a US /ourt of #ppeals later reversed the verdict! ruling that his rights under the ourth #mendment to the

United States /onstitution had "een violated.

ISSUT%e &'estion esented %ee is t%e easonab*eness o+ a sea,% wit%o't a sea,% waant o+ a *a,e o+ b'siness ,onsistin- o+a oneoo/ o,e in,ident to a va*id aest.

2D$Search is .

R!TIOThe ourth #mendment provides?

"The right of the people to be secure in their persons, houses, papers, and eects, against unreasonablesearchesand seizures,shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or armation, and particularly describingthe place to be searched, and the persons or things to be seized. t is unreasonable searches that are prohibited by the !ourthmendment."

The ourth #mendment permits a warrantless search incident to a lawful arrest. The search may "e of the person arrested and of thepremises where the arrest occurs. # search without warrant incident to an arrest is dependent initially on a valid arrest.

http://en.wikipedia.org/wiki/United_States_Reportshttps://supreme.justia.com/cases/federal/us/339/56/case.htmlhttps://supreme.justia.com/cases/federal/us/339/56/case.htmlhttp://en.wikipedia.org/wiki/United_States_Reports

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Thus ingnello v. #nited $tates! @)9 U. S. @A! *A! this /ourt stated?

"The right %ithout a search %arrant contemporaneously to search persons la%fully arrested %hile committing crime and to search the place%here the arrest is made in order to &nd andseize things connected %ith the crime as its fruits or as the means by %hich it %as committed, as %ell as %eapons and other things to eectan escape from custody, is not to be doubted."

'The right stemmed not only from the ac(no%ledged authority to search the person, but also from the long)standing practice of searchingfor other proofs of guilt %ithin the control of the accused found upon arrest.*

'The mandate of the !ourth mendment is that the people shall be secure against unreasonable searches. t is notdisputed that there may be reasonable searches, incident to an arrest, %ithout a search %arrant.*

DISSNTIN4%. $UST=/B C#/DEThe present case comes within that rule? the trial court admitted certain evidence procured "y a search and sei&ure without a searchwarrant although the o'cers had ample time and opportunity to get one.F