17. Search Incident to Arrest Flashcards
What level of information is needed for search incident to arrest?
Probable cause
Search incident to PC
The officers believe that their search might lead to evidence of another crime will not invalidate what?
By itself invalidate their original decision to arrest
No need for formal arrest
As long as probable causes exists before the arrest you may search. It makes no sense to require a greater restriction on a suspect liberty - formal arrest in order to justify the lesser intrusion of a search.
A search may be delayed in order to seize
A suspect clothing and shoes , testing lawfully obtained evidence automatically follows. Once police, lawfully, obtain credit cards, they may retrieve information from the magnetic strip without a warrant.
Once police lawfully obtain credit cards what can they then do?
They may retrieve information from the magnetic strip without anymore
Strip search
Is an inspection of private areas without any scrutiny of body cavities
Visual body cavity search covers what?
Extends to a VISUAL inspection of the anal & genital areas
Manual body cavity search
Most intrusive requires a warrant, issued by a judge, and supported by a high degree of probable cause
In order to conduct a strip or visual body cavity search police must have what level of information?
Police must have probable cause their suspect possesses contraband or a weapon that might not be discovered during a manual search
Best practices for dealing with objects in anal or genital opening
Transport arrested to the hospital and have medical clinician remove the object, request that the arrest voluntary remove the object, obtaining search warrant from a judge
During a search incident to arrest officers SHALL do these functions? (regardless the reason for arrest):
- Always search for WEAPONS regardless of the reason for the arrest.
- Only search for EVIDENCE RELATED TO THE CRIME for which the arrest was made, and seize any other evidence found during a search for weapons or evidence related to arrest
A search must be (this legal standard)
Objectively and subjectively reasonable under chapter 276 section 1
The search extends to the area within the arrestees’
Grabbing area, even when handcuffed. Motivation, preservation of evidence and officer safety.
Grabbing area established at what time
Time of arrest not search
Searching outside the grabbing area
Is improper
Chapter 276 section 1 has little impact on the search of a person because a search incident to arrest always allows…
a search for weapons, regardless of the underlying crime
Seizure of any hard objects during search incident to arrest is…
justified…any hard object left in the possession of a suspect who is being arrested, may be used as a weapon
Container Discovered , while looking for weapons may
Yield probable cause of a new offense, a may search follow
Seizure of keys justified if
Potential evidence or weapon, but not to determine identity
Check phone in search incident to arrest to assess whether it is a
weapon
View any texts or other markings on the phones’
Exterior
Consider whether exigent circumstances in a cell phone case justify:
Answering the phone and /or conducting a warrantless search
Secure the phone only if (this level of information):
Their is PROBABLE CAUSE that contains evidence
Conduct a consent, search of a phone or if no consent, then do this:
Apply for a warrant. Police must have probable caused to ask for consent on the basis that otherwise they will apply for a cell phone search warrant.
Police may move an arrested person
For a legitimate purpose, and secure the area
Protective sweep is a quick inspection of (only one thing)
Those places where a person might be hiding
Automatic sweep of an immediate area
Following an arrest inside of building officers may sweep the immediate adjoining area
For a protective sweep beyond immediate area
Reasonable suspicion of danger needed. To go beyond the immediate area officers must have reasonable suspicion that there may be someone who poses a danger.
Once the scene is secure
Any search for evidence, including guns requires a warrant
Protective sweeps may continue
As long as there is potential danger
Insufficient basis for sweep
Arrested clearly alone, arrestee cooperates, presence of person…but police unconcerned with any danger.
Motor vehicle search incident to arrest
Only extends to the passenger compartment area and never the trunk
 Vehicle search for evidence depends on
The crime being investigated
Search incident to arrest: Police may immediately open a container to discover what?
Weapons an arrestee may access or if they have PROBABLE CAUSE that it might contain evidence related to the arrest
