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Duquesne Law Review

Abstract

The United States Supreme Court has held that a search incident to a valid arrest for a traffic violation is not limited to a frisk of the arrestee's outer clothing; the custodial arrest itself gives rise to the authority for a full search, regardless of whether there exists either further evidence of the crime or a belief by the arresting officer that the arrestee is armed or dangerous.

United States v. Robinson, 414 U.S. 218 (1973).

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