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The search incident to arrest doctrine appears simple on its face; however, today's technology complicates the matter, presenting officers with unique challenges. If the Court does return to the general issue of searches incident to arrest, as Thornton suggests it may, it should be handled as follows: First, Chimel's "area within immediate control" approach should be abandoned, and the automatic, suspicionless, search incident to arrest should be limited to the person of the suspect, including any containers found on him, as Robinson v. Clearly, there are exceptions, such as consent, emergency, search incident to arrest, motor vehicle, and inventory, as there are special circumstances in fire cause and origin investigations. |
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