ABSTRACT
The authority to search a person incident to a lawful arrest necessarily includes the right to search the arrestee’s clothing and, in some instances, the seizure of the clothing. The courts have generally agreed that the government has a compelling interest in dispensing with the search warrant requirement in making airport searches when the risk is to thousands of human lives and millions of dollars in property damage. The Court cautioned that the decision was limited to the facts of that case and that there is a time when the Fourth Amendment would prohibit post-arrest seizure of the effects of an arrestee. The availability or presence of the parent in the home is a factor to consider in determining the scope and validity of the minor’s consent to search and seizure. The Fourth Amendment, as well as provisions of state constitutions, protects individuals against unreasonable searches and seizures.
