NCJ Number
17847
Journal
Capital University Law Review Volume: 3 Issue: 2 Dated: (1974) Pages: 266-278
Date Published
1974
Length
13 pages
Annotation
DISCUSSION OF THE U.S. SUPREME COURT DECISION IN UNITED STATES V. ROBINSON (1973) WHICH HELD AS VALID A FULL SEARCH OF A PERSON PURSUANT TO A LAWFUL TRAFFIC ARREST WHERE THE ARRESTEE HAS BEEN TAKEN INTO CUSTODY.
Abstract
THE COURT PROPOUNDED A GENERAL RULE ALLOWING SEARCHES INCIDENT TO A CUSTODY ARREST WITHOUT REGARD TO EITHER THE TYPE OF CRIME OR THE CHARACTER OF THE PERSON ARRESTED. THE AUTHOR CONTENDS THAT THE ROBINSON MINORITY'S DESIRE TO LIMIT SEARCHES PURSUANT TO CUSTODY ARRESTS, RESULTING FROM A TRAFFIC OFFENSE TO THE TERRY FRISK STANDARD FAILS TO TAKE INTO ACCOUNT THE PSYCHOLOGICAL AFFECT THAT AN ARREST MAY HAVE UPON A PERSON AND THE ACCOMPANYING RISK TO THE ARRESTING OFFICER'S SAFETY. HE ALSO ARGUES THAT LIMITING THE USE OF FULL POLICE SEARCHES BY CLASSIFYING CRIMES ACCORDING TO THEIR PROPENSITY FOR VIOLENCE OR THEIR EVIDENTIARY VALUE WOULD GIVE RISE TO MULTIDINOUS LITIGATION, CONFLICTING COURT DECISIONS, AND POLICE OFFICER CONFUSION.