Also known as: substantially contemporaneously
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A temporal and spatial requirement that a search incident to arrest occur close enough in time and place to the arrest to serve the purposes of officer safety and evidence preservation. The requirement prevents later exploratory searches at remote locations after the arrestee has been removed and the property secured.
A temporal and spatial requirement that a search incident to arrest occur close enough in time and place to the arrest to serve the purposes of officer safety and evidence preservation. The requirement prevents later exploratory searches at remote locations after the arrestee has been removed and the property secured.
Select any source to read its text and confirm it supports the definition.
A factual condition under the bankruptcy preference statute that an exchange of value occur without significant delay between the parties' performances. The condition protects transfers intended to be contemporaneous even when a brief interval separates the giving of new value from the corresponding payment.
Select any source to read its text and confirm it supports the definition.
A factual condition under the bankruptcy preference statute that an exchange of value occur without significant delay between the parties' performances. The condition protects transfers intended to be contemporaneous even when a brief interval separates the giving of new value from the corresponding payment.
Each sense below has its own examples, sources, and questions.
Serena Soto was arrested in a parking lot on suspicion of theft. Officers secured her locked pickup at the scene and had it towed to a municipal lot. The next morning detectives opened the toolboxes at the impound facility and recovered stolen equipment. The court suppressed the evidence because the search occurred at a different location after significant delay.
A search is too remote when officers remove the arrestee from the scene, impound the property, and conduct the search hours or a day later at a different location. The rationales of officer safety and evidence preservation no longer apply once the arrestee is secured and the property is under police control.
Supporting sources
No. Continuous custody prevents loss or tampering but does not restore the temporal and spatial connection required for a search incident to arrest. Courts still require the search to occur close in time and place to the arrest itself.
Supporting sources
Summit Bank delivered equipment to Sophia Singh in exchange for her check. Singh's bank held the check for four days before presenting it for payment. The trustee later sought to avoid the transfer as a preference. The court found the exchange substantially contemporaneous and therefore protected under the statute.
The statute protects the transfer when the parties intended a contemporaneous exchange and the payment in fact occurs without significant delay. A brief interval between delivery of goods and deposit of the check does not destroy the substantially contemporaneous character of the exchange.
Supporting sources