4.1: Searches Incident to Arrest

Question 1

Rationale for SIA?

Answer 1

Protect police, prevent escape, & prevent destruction of evidence

Question 2

Showing for SIA?

Answer 2

Valid arrest & search contemporaneous with arrest

Question 3

Scope for SIA?

Answer 3

Arrestee’s person, grabbing distance including containers

Question 4

SIA as applied to vehicles?

Answer 4

Vehicle, recent occupant, contemporaneous

Access to vehicle or evidence of the arrest crime

Question 5

Showing for arrest in the arrestee’s residence?

Answer 5

Arrest warrant & PC that the arrestee is present there

Question 6

Must an arrest warrant specify when it is executed?

Answer 6

No, PC determination can be made by police

Question 7

Arrest in an innocent’s third party’s residence?

Answer 7

PC to arrest & a search warrant

Question 8

Arizona v. Gant ruling

Answer 8

Police must reasonably believe either:
1) The arrestee has access to the vehicle
OR
2) There is evidence of the crime of the arrest inside

Question 9

Riley v. CA ruling

Answer 9

Warrantless search of the digital contents of a cell phone incident to an arrest in unconstitutional

Question 10

Why is a warrantless search of the digital contents of a cell phone incident to an arrest in unconstitutional?

Answer 10

From the heightened privacy interests that people have in their cell phone