When construing state safeguards similar to the Fourth Amendment of the Federal Constitution, state courts have shown little hesitancy in holding that incident to a lawful arrest upon premises within the control of the arrested person, a search of the premises at least to the extent conducted in the instant case is not unreasonable. See

Under present law a search for burglar's tools or for such an instrument of crime as a murder or robbery weapon is lawful only where an exception to the constitutional requirement of a search warrant obtains, eg, a search incident to a lawful arrest.

—infra p. 288, a case involving a search incidental to arrest, a search lasting over 10 hours was held not to be unreasonable.

It is a settled rule in this state that when a defendant has been lawfully arrested a search may be made of his person and of the premises where he was arrested without the necessity of a search warrant.

—"'decided in 1948, the Court determined that the privilege of officers to search a home without a warrant is far more extensive than may have been indicated in earlier cases. The defendant, who was alone at the time, was arrested at his home about twelve forty-five in the night on a charge of place, they may search more thoroughly than they would otherwise be allowed …

[CITATION] The Justices of the United States Supreme Court: Their Lives and Major Opinions

[CITATION] Wharton's criminal procedure

[BOOK] The Identification Division of the FBI: A Brief Outline of the History, the …