17. Search Incident to Arrest

Question 1

What level of information is needed for search incident to arrest?

Answer 1

Probable cause

Search incident to PC

Question 2

The officers believe that their search might lead to evidence of another crime will not invalidate what?

Answer 2

By itself invalidate their original decision to arrest

Question 3

No need for formal arrest

Answer 3

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.

Question 4

A search may be delayed in order to seize

Answer 4

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.

Question 5

Once police lawfully obtain credit cards what can they then do?

Answer 5

They may retrieve information from the magnetic strip without anymore

Question 6

Strip search

Answer 6

Is an inspection of private areas without any scrutiny of body cavities

Question 7

Visual body cavity search covers what?

Answer 7

Extends to a VISUAL inspection of the anal & genital areas

Question 8

Manual body cavity search

Answer 8

Most intrusive requires a warrant, issued by a judge, and supported by a high degree of probable cause

Question 9

In order to conduct a strip or visual body cavity search police must have what level of information?

Answer 9

Police must have probable cause their suspect possesses contraband or a weapon that might not be discovered during a manual search

Question 10

Best practices for dealing with objects in anal or genital opening

Answer 10

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

Question 11

During a search incident to arrest officers SHALL do these functions? (regardless the reason for arrest):

Answer 11

1. Always search for WEAPONS regardless of the reason for the arrest.
2. 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

Question 12

A search must be (this legal standard)

Answer 12

Objectively and subjectively reasonable under chapter 276 section 1

Question 13

The search extends to the area within the arrestees’

Answer 13

Grabbing area, even when handcuffed. Motivation, preservation of evidence and officer safety.

Question 14

Grabbing area established at what time

Answer 14

Time of arrest not search

Question 15

Searching outside the grabbing area

Answer 15

Is improper

Question 16

Chapter 276 section 1 has little impact on the search of a person because a search incident to arrest always allows…

Answer 16

a search for weapons, regardless of the underlying crime

Question 17

Seizure of any hard objects during search incident to arrest is…

Answer 17

justified…any hard object left in the possession of a suspect who is being arrested, may be used as a weapon

Question 18

Container Discovered , while looking for weapons may

Answer 18

Yield probable cause of a new offense, a may search follow

Question 19

Seizure of keys justified if

Answer 19

Potential evidence or weapon, but not to determine identity

Question 21

Check phone in search incident to arrest to assess whether it is a

Answer 21

weapon

Question 22

View any texts or other markings on the phones’

Answer 22

Exterior

Question 23

Consider whether exigent circumstances in a cell phone case justify:

Answer 23

Answering the phone and /or conducting a warrantless search

Question 24

Secure the phone only if (this level of information):

Answer 24

Their is PROBABLE CAUSE that contains evidence

Question 25

Conduct a consent, search of a phone or if no consent, then do this:

Answer 25

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.

Question 26

Police may move an arrested person

Answer 26

For a legitimate purpose, and secure the area

Question 27

Protective sweep is a quick inspection of (only one thing)

Answer 27

Those places where a person might be hiding

Question 28

Automatic sweep of an immediate area

Answer 28

Following an arrest inside of building officers may sweep the immediate adjoining area

Question 29

For a protective sweep beyond immediate area

Answer 29

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.

Question 30

Once the scene is secure

Answer 30

Any search for evidence, including guns requires a warrant

Question 31

Protective sweeps may continue

Answer 31

As long as there is potential danger

Question 32

Insufficient basis for sweep

Answer 32

Arrested clearly alone, arrestee cooperates, presence of person…but police unconcerned with any danger.

Question 33

Motor vehicle search incident to arrest

Answer 33

Only extends to the passenger compartment area and never the trunk

Question 34

 Vehicle search for evidence depends on

Answer 34

The crime being investigated

Question 35

Search incident to arrest: Police may immediately open a container to discover what?

Answer 35

Weapons an arrestee may access or if they have PROBABLE CAUSE that it might contain evidence related to the arrest