Cannabis Indica

How this document has been cited

"[W] e think that an officer would also be justified in taking from a person whom he had arrested for crime, any deadly weapon he might find upon him, such as a revolver, a dirk, a knife, a sword cane, a slung shot, or a club, though it had not been used or intended to be used in the commission of the offence for which the prisoner had been arrested, and even
- in United States v. Robinson, 1973 and 9 similar citations
—said officer might not only take any deadly weapon he might find on the person, but also money or other articles of value found upon the person, though not connected with the crime for which he was arrested, and could not be used as evidence on the trial thereof, by means of which, if left in his possession, he might procure his escape, or obtain tools, implements or …
- in The Virginia Law Register and 4 similar citations
—if left in his possession, he might procure his escape, or obtain tools, or implements, or weapons with which to effect his escape. We think the officer arresting a man for crime, not only may, but frequently should, make such searches and seizures; that in many cases they might be reasonable and proper, and courts would hold him harmless for so doing, when he acts in …
- in United States v. Robinson, 1973 and 5 similar citations
Battiste first argues that his seizure of the money from the decoy at the time of the arrest was reasonable under Fourth Amendment law that permits the arresting officer to take possession of "articles of value, found upon the prisoner, by means of which, if left in his possession, he might procure his escape, or obtain tools, or implements, or weapons with which to effect his …
- in US v. Battiste, 2009 and 4 similar citations
As to an officer taking and detaining gambling instruments and other articles to be used as evidence
“It must, we think, in a case like this, be a question of fact for the jury, whether the taking of the property from the prisoner were bona fide, for any pur-pose indicated above as reasonable and proper, and, of course, justifiable, or whether it were mala fide, unreasonable, and for an improper and unjustifiable purpose.”
- in The Supreme Court Review and 3 similar citations
—whose general statement of the right to search incident to arrest was relied on by the Court in Robinson.
- in The Supreme Court Review and 3 similar citations
But if the entrance is unlawful, the breaking of doors, or the arrest of persons or attachment of property, may be resisted, with as much force as is necessary to prevent its consummation.
- in A Treatise on the Law of Torts and 2 similar citations
This right of sequestration is plain, notwithstanding the property may be claimed by a third party; and stolen goods may be held as against the owner if necessary for use as evidence, however clear the title of the claimant may be
Keeping objects that could be potential weapons out of the citizen' s hands would be a paramount concern

Cited by

414 US 218 - Supreme Court 1973
306 A. 2d 554 - Md: Court of Special Appeals 1973
317 F. Supp. 856 - Dist. Court, ED Tennessee 1970
278 F. 2d 386 - Court of Appeals, 9th Circuit 1960
96 NH 359 - NH: Supreme Court 1950

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