United States v. Edwards

In United States v. Edwards (1974) 415 U.S. 800, the clothes worn by the accused at the time of arrest and booking were thought to constitute critical evidence. The day following the arrest, Edwards was given new clothing, and what he had been wearing was taken from him to be examined and held as evidence. The court said: ". . . It must be remembered that on both May 31 and June 1 the police had lawful custody of Edwards and necessarily of the clothing he wore. When it became apparent that the articles of clothing were evidence of the crime for which Edwards was being held, the police were entitled to take, examine, and preserve them for use as evidence, just as they are normally permitted to seize evidence of crime when it is lawfully encountered . . . . Indeed, it is difficult to perceive what is unreasonable about the police's examining and holding as evidence those personal effects of the accused that they already have in their lawful custody as the result of a lawful arrest . . . . para. Caruso United States v. Caruso (2d Cir. 1966) 358 F.2d 184 is typical of most cases in the courts of appeals that have long since concluded that once the accused is lawfully arrested and is in custody, the effects in his possession at the place of detention that were subject to search at the time and place of his arrest may lawfully be searched and seized without a warrant even though a substantial period of time has elapsed between the arrest and subsequent administrative processing, on the one hand, and the taking of the property for use as evidence, on the other. This is true where the clothing or effects are immediately seized upon arrival at the jail, held under the defendant's name in the 'property room' of the jail, and at a later time searched and taken for use at the subsequent criminal trial. The result is the same where the property is not physically taken from the defendant until sometime after his incarceration." (415 U.S. at pp. 806-808 39 L.Ed.2d at pp. 777-778.)