Constitutional Law- Search and Seizure- Search Incidental to an Administrative Arrest

Authors

James J. White, University of Michigan Law SchoolFollow

Abstract

As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, held, affirmed, four Justices dissenting. Although made without a search warrant, a search incidental to a lawful administrative arrest does not violate the fourth amendment. Abel v. United States, 362 U.S. 217 (1960).

Recommended Citation

James J. White, Constitutional Law- Search and Seizure- Search Incidental to an Administrative Arrest, 59 Mich. L. Rev. 310 (1960).
Available at: https://repository.law.umich.edu/mlr/vol59/iss2/9