Code of Criminal Procedure · Chimel v. California

Chimel v. California

Chimel v. California is covered under Chimel v. California and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Lawful custodial arrest; Search of arrestee's person and immediate control (Chimel); Vehicles (Gant): passenger compartment if arrestee within reaching distance OR evidence of arrest offense reasonably believed inside.

Elements you must prove

  • Lawful custodial arrest
  • Search of arrestee's person and immediate control (Chimel)
  • Vehicles (Gant): passenger compartment if arrestee within reaching distance OR evidence of arrest offense reasonably believed inside

Practice 1 question on this topic

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Worked examples

Worked example 1

Search incident to arrest authorizes officers to search:

  1. The arrestee's entire home
  2. The arrestee's person and the area within his immediate control (the 'lunge area') Correct
  3. Only the arrestee's pockets
  4. Anywhere the arrestee has been in the last 24 hours
Why: Search incident to arrest covers the arrestee's person and the area within his immediate control (lunge area). For vehicles (Gant), the passenger compartment may be searched only when the arrestee is unsecured and within reaching distance, OR when there is reason to believe evidence of the offense of arrest may be in the vehicle.
Statute: Chimel v. California; Arizona v. Gant