Also known as:within her immediate control · within their immediate control · within the immediate control · Chimel area · wingspan rule
Written by attorneys — see sources below.
The spatial zone surrounding an arrestee from which he might gain possession of a weapon or destructible evidence. Officers may search that zone without a warrant to protect safety and preserve evidence.
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How its tested
Common Examples
6
Arrest Beside Folding Table
City police arrested Leo backstage and handcuffed him next to a folding table. Officers searched Leo's person, his nearby backpack, and the table surface. They also opened a locked road case several feet away and entered a separate dressing room down the hallway. Only the first three searches stayed inside the zone Leo could reach.
Vehicle Search After Exit
Officers arrested Warren Woods for driving with a suspended license and removed him from the car. They then searched the passenger compartment and found a firearm under the seat. The search occurred after Woods was secured and no longer able to reach inside the vehicle.
On August 25, 1999, Tucson police officers Griffith and Reed responded to an anonymous tip that the residence at 2524 North Walnut Avenue was being used to sell drugs by knocking on the front door and speaking with Rodney Gant, who identified himself and stated that he expected the owner to return later. The officers left and conducted a records check revealing that Gant's driver's license had been suspended and that there was an outstanding warrant for his arrest for driving with a suspended license.
When the officers returned to the house that evening, they found a man near the back of the house and a woman in a car parked in front of it. After a third officer arrived, they arrested the man for providing a false name and the woman for possessing drug paraphernalia. Both arrestees were handcuffed and secured in separate patrol cars when Gant arrived. Gant arrived in his car, parked at the end of the driveway, and got out. Officer Griffith recognized the car, confirmed Gant's identity with a flashlight, called to him, and arrested him 10 to 12 feet from the vehicle before handcuffing him.
Because the other arrestees occupied the only patrol cars at the scene, Griffith called for backup. When two more officers arrived, they locked Gant in the backseat of their vehicle. After Gant had been handcuffed and placed in the back of a patrol car, two officers searched his car. One of them found a gun, and the other discovered a bag of cocaine in the pocket of a jacket on the backseat.
Gant was charged with two offenses of possession of a narcotic drug for sale and possession of drug paraphernalia. He moved to suppress the evidence seized from his car on the ground that the warrantless search violated the Fourth Amendment. The trial court denied the motion to suppress. A jury found Gant guilty on both drug counts, and he was sentenced to a 3-year term of imprisonment. After protracted state-court proceedings, the Arizona Supreme Court concluded that the search of Gant's car was unreasonable within the meaning of the Fourth Amendment. The United States Supreme Court granted the State's petition for certiorari.
Police arrested Willow West and seized her smartphone from her pocket. Officers later searched the phone's digital contents without a warrant. The data inside the device lay beyond any area Willow could access once handcuffed.
Riley v. California573 U.S. 373 (2014)
David Riley was stopped by a police officer for driving with expired registration tags. During the stop, the officer learned that Riley's license had been suspended. The officer impounded Riley's car pursuant to department policy and conducted an inventory search that located two handguns under the hood. Riley was arrested for possession of concealed and loaded firearms. An officer searched Riley incident to the arrest and found items associated with the Bloods street gang. He also seized a cell phone from Riley's pants pocket. The officer accessed information on the phone and noticed that some words were preceded by the letters CK. At the police station about two hours after the arrest, a detective specializing in gangs further examined the contents of the phone. The detective found videos of young men sparring while someone yelled encouragement using the moniker Blood. The police also found photographs of Riley standing in front of a car they suspected had been involved in a shooting a few weeks earlier.
Riley was charged with firing at an occupied vehicle, assault with a semiautomatic firearm, and attempted murder. The State alleged that Riley had committed those crimes for the benefit of a criminal street gang. Prior to trial, Riley moved to suppress all evidence that the police had obtained from his cell phone. The trial court rejected that argument. At Riley's trial, police officers testified about the photographs and videos found on the phone, and some of the photographs were admitted into evidence. Riley was convicted on all three counts and received an enhanced sentence of 15 years to life in prison. The California Court of Appeal affirmed.
In the second case, a police officer performing routine surveillance observed respondent Brima Wurie make an apparent drug sale from a car. Officers subsequently arrested Wurie and took him to the police station. At the station, the officers seized two cell phones from Wurie's person. The one at issue here was a flip phone. Five to ten minutes after arriving at the station, the officers noticed that the phone was repeatedly receiving calls from a source identified as my house on the phone's external screen. A few minutes later, they opened the phone and saw a photograph of a woman and a baby set as the phone's wallpaper. They pressed one button on the phone to access its call log, then another button to determine the phone number associated with the my house label. They next used an online phone directory to trace that phone number to an apartment building. When the officers went to the building, they saw Wurie's name on a mailbox and observed through a window a woman who resembled the woman in the photograph on Wurie's phone. They secured the apartment while obtaining a search warrant and, upon later executing the warrant, found and seized 215 grams of crack cocaine, marijuana, drug paraphernalia, a firearm and ammunition, and cash.
Wurie was charged with distributing crack cocaine, possessing crack cocaine with intent to distribute, and being a felon in possession of a firearm and ammunition. He moved to suppress the evidence obtained from the search of the apartment, arguing that it was the fruit of an unconstitutional search of his cell phone. The District Court denied the motion. Wurie was convicted on all three counts and sentenced to 262 months in prison. A divided panel of the First Circuit reversed the denial of Wurie's motion to suppress and vacated Wurie's convictions for possession with intent to distribute and possession of a firearm as a felon.
The California Court of Appeal affirmed Riley's conviction, rejecting his argument that the cell phone search violated the Fourth Amendment. The First Circuit reversed Wurie's conviction, concluding that the search of his cell phone was unconstitutional. The Supreme Court granted certiorari in both cases.
Officers stopped Wesley Wong for a traffic violation and observed a knife on the floorboard. They ordered him out of the car and patted down the passenger compartment. The knife remained within the area Wesley could have reached while still inside the vehicle.
Michigan v. Long463 U.S. 1032 (1983)
In a rural area of Michigan one evening shortly after midnight, Deputies Howell and Lewis observed a car traveling erratically and at excessive speed. The officers observed the car turning down a side road, where it swerved off into a shallow ditch. The officers stopped to investigate. Long, the only occupant of the automobile, met the deputies at the rear of the car, which was protruding from the ditch onto the road. The door on the driver's side of the vehicle was left open.
Deputy Howell requested Long to produce his operator's license, but he did not respond. After the request was repeated, Long produced his license. Long again failed to respond when Howell requested him to produce the vehicle registration. After another repeated request, Long, who Howell thought appeared to be under the influence of something, turned from the officers and began walking toward the open door of the vehicle. The officers followed Long and both observed a large hunting knife on the floorboard of the driver's side of the car. The officers then stopped Long's progress and subjected him to a Terry protective patdown, which revealed no weapons.
Long and Deputy Lewis then stood by the rear of the vehicle while Deputy Howell shined his flashlight into the interior of the vehicle, but did not actually enter it. The purpose of Howell's action was to search for other weapons. The officer noticed that something was protruding from under the armrest on the front seat. He knelt in the vehicle and lifted the armrest. He saw an open pouch on the front seat, and upon flashing his light on the pouch, determined that it contained what appeared to be marihuana. After Deputy Howell showed the pouch and its contents to Deputy Lewis, Long was arrested for possession of marihuana. A further search of the interior of the vehicle, including the glovebox, revealed neither more contraband nor the vehicle registration. The officers decided to impound the vehicle. Deputy Howell opened the trunk, which did not have a lock, and discovered inside it approximately 75 pounds of marihuana.
The Barry County Circuit Court denied Long's motion to suppress the marihuana taken from both the interior of the car and its trunk. He was subsequently convicted of possession of marihuana. The Michigan Court of Appeals affirmed Long's conviction, holding that the search of the passenger compartment was valid as a protective search under Terry. The Michigan Supreme Court reversed. The court held that the sole justification of the Terry search, protection of the police officers and others nearby, cannot justify the search in this case. The marihuana found in Long's trunk was considered by the court below to be the fruit of the illegal search of the interior, and was also suppressed.
The Supreme Court granted certiorari to consider the authority of a police officer to protect himself by conducting a Terry-type search of the passenger compartment of a motor vehicle during the lawful investigatory stop of the occupant of the vehicle.
Officers arrested the driver of a borrowed car and searched the glove compartment. Passenger Whitney White later sought to suppress the items found there. Whitney had no property interest in the car and no ability to control the glove box from the back seat.
Rakas v. Illinois439 U.S. 128 (1978)
Petitioners were convicted of armed robbery in the Circuit Court of Kankakee County, Illinois, after a trial in which the prosecution introduced a sawed-off rifle and rifle shells seized by police from an automobile in which the petitioners had been passengers. Neither petitioner owned the automobile, and neither asserted ownership of the rifle or the shells. The Illinois Appellate Court affirmed the convictions after upholding the denial of a motion to suppress, and the Illinois Supreme Court denied leave to appeal.
The events began when a police officer on routine patrol received a radio call reporting a robbery of a clothing store in Bourbonnais, Illinois, and describing the getaway car. The officer spotted a vehicle he believed matched the description, followed it until backup arrived, and then stopped the car. The occupants, consisting of the petitioners and two female companions with the owner driving, were ordered out of the vehicle.
After the occupants exited, officers searched the interior of the car and discovered a box of rifle shells inside the locked glove compartment along with a sawed-off rifle beneath the front passenger seat. The officers then took the petitioners to the station and placed them under arrest. Before trial the petitioners moved to suppress the rifle and shells, conceding they did not own the automobile and were merely passengers while also declining to claim ownership of the seized items.
The prosecutor challenged the petitioners' standing to object to the search on the ground that neither the car nor the evidence belonged to them. The trial court agreed and denied the motion to suppress without reaching the question of probable cause. The Supreme Court of the United States granted certiorari to address the standing issue because of its importance to the administration of criminal justice.
Officers arrested Wren Wright in the living room of her home. They later descended to the basement and opened a locked trunk. The trunk sat far outside the space Wren could reach while handcuffed upstairs.
Coolidge v. New Hampshire403 U.S. 443 (1971)
In January 1964, fourteen-year-old Pamela Mason disappeared from her home in Manchester, New Hampshire, during a heavy snowstorm after receiving a telephone call about a babysitting job. Her body was discovered eight days later beside a major highway, prompting a massive police investigation.
On January 28, officers visited Edward Coolidge at his home after learning he had been absent on the night of the disappearance. Coolidge produced three guns for inspection and agreed to take a lie-detector test. On February 2, while Coolidge was at the police station undergoing the test, two plainclothes officers arrived at his house and spoke with his wife. Mrs. Coolidge provided four guns belonging to her husband and some clothing she believed he might have worn on the night in question. Coolidge was held overnight on an unrelated charge but released the next day.
Over the following two and a half weeks, the State accumulated evidence implicating Coolidge. On February 19, the results of the investigation were presented at a meeting between the police officers working on the case and the State Attorney General, who had personally taken charge of all police activities relating to the murder, and was later to serve as chief prosecutor at the trial. Coolidge was arrested at his home that day. His 1951 Pontiac automobile parked in the driveway was seized and towed to the police station two and a half hours later.
The Pontiac was searched and vacuumed on February 21, again in January 1965, and a third time in April 1965. At Coolidge's subsequent jury trial for murder, vacuum sweepings from the car were introduced into evidence. One of the guns taken from the home was also introduced. Vacuum sweepings from the clothing were introduced into evidence. The New Hampshire Supreme Court affirmed the conviction after upholding the admissibility of the evidence, and the United States Supreme Court granted certiorari.
Does handcuffing an arrestee shrink the area within immediate control?
Yes. Once officers handcuff and secure the arrestee, locations that were previously reachable often fall outside the permissible zone because the arrestee can no longer gain access to a weapon or evidence.
May officers search a locked container several feet away after the arrestee is restrained?
No. A locked container several feet from a handcuffed arrestee lies beyond immediate control and requires a warrant or another exception.
Does the search-incident doctrine allow officers to search an entire office or premises?
No. The doctrine limits the search to the arrestee's person and the area within immediate control. It does not authorize a general search of rooms or containers beyond that zone.
When does a delayed search of a vehicle or vessel lose its connection to the arrest?
A search loses its connection when officers remove the arrestee, tow the vehicle, and conduct the search hours later at a different location, because the arrestee can no longer reach the area.
area
within his immediate control
' — construing that phrase to mean the
area
from
within
which he might gain possession of a weapon or destructible evidence." 395 U. S., at 763. We reasoned that "[a] gun on a table or in a…