The "search incident" has, of course, as one of its two purposes-a purpose not shared by the "frisk"-the prevention of the destruction of accessible evidence by the arrestee.

—is that a party is entitled to a restorative remedy of being returned to the party's position prior to the constitutional violation.

In Reifsnyder, we emphasized that under our search and seizure law, the parties should be returned to the position they were before the unconstitutional conduct.

Nevertheless, Chimel's narrower focus on concealment or destruction of evidence also has historical support.

—"ample ground to hold that the money taken from Lee was the money which he had procured from plaintiff for the stolen cattle.' 29 In the case at bar, it is not claimed that the sheriff had any right to retain the money and watches for any purpose connected with the arrest or with the crime charged. It is claimed, however, that the defendant consented that the sheriff might …

—we explained in a civil forfeiture proceeding that a party subject to an illegal search should be restored to the party's position prior to the search.

We cannot convert the rules of law, intended for the protection of the person and property of the citizen, into instruments by which thieves and other felons may conceal their crimes and resist police officers in honest and commendable efforts to bring them to justice.

As an exception to the rule stated by our Supreme Court and restated by the Supreme Court of Washington, there are cases holding that when it does not appear that criminal process has been abused and it does appear that the property garnished was obtained by the criminal acts of the debtor from the attaching claimant the garnishment will be enforced

In the 19th century, the subject came up for discussion more often, but court decisions and treatises alike confirmed the searches' broad acceptance

And he may take from him any dangerous weapons, or anything else that said officer may, in his discretion, deem necessary to his own or the public safety, or for the safe-keeping of the prisoner, and to prevent his escape; and such property, whether goods or money, he holds subject to the order of the court.