Fourth Amendment -- Search Incident to Arrest

Question 1

Can police search the person if there is a lawful arrest?

Answer 1

If the suspect is lawfully arrested, then the police are allowed to search the person w/o a warrant or PC. This is known as a Search Incident to Arrest [SIA].

Citations are not considered arrests.

Question 2

What can the people search during a SIA?

Answer 2

1.PERSON
——They can always search the PERSON and CONTAINERS on the person.

2. HOME
   ——They can search the immediate grabbable area
   ——They can perform a protective sweep
   ——They can search people near the home.
3. CAR
   ——They can search the immediate grabbable area (Gant)
   ——They can search containers in the car IF they have reason to believe there is evidence of the CRIME OF ARREST (Gant)
4. CELLPHONE
   ——Need a warrant unless exigent circumstances apply.

Question 3

What is the immediate grabbable area of the home?

Answer 3

The immediate grabbable area of a home is the area where the suspect might gain possession of a weapon or destroy evidence.

NOTE, if the O direct the suspect to go to a different room they can still search that trom.

Question 4

When can O do a protective sweep / TS of the home?

Answer 4

When they want to ensure they have all suspect and dangers contained.

Look at the offense for which they are being arrested, then so long as the police have RAS, then they can perform the sweep.

The scope is limited, e.g., walking through rooms, opening closet doors, making sure nothing dangerous. Cannot tear through dresser drawers.

Question 5

When can people search a PERSON via a SIA

Answer 5

ALWAYS, regardless of the type of arrest, can even search containers on the person.

Question 6

When suspect is in car, what can the O SIA?

Answer 6

O can search glovebox / containers in car if:

!. Suspect is unsecured and within reach of the car; OR

2. there is reason to believe evidence of crime of arrest is in the car.
   —rationale, preserving evidence.

[even if the arrestee was not the driver but a recent occupant of the car, then SIA of the car may be reasonable.]

Question 7

What is the grabbable area for a SIA of a car?

Answer 7

The person, glovebox, and any containers. Cannot search the trunk.

Question 8

What are the five ways police can search a car?

Answer 8

1. SIA [only grabbable area]
2. Automobile exception;
3. Warrant [low likelihood]
4. Consent; and
5. Inventory
   —— inventory search occurs when car gets impounded. If during inventory search they find guns and drugs, they can use evidence against yo.

Question 9

Does an inventory search violate the 4 A?

Answer 9

No, it is a not a 4 A search and no justification is needed besides a valid arrest / reason to impound. Additionally, you can search the stuff seized after arrest and no justification is needed besides a valid arrest.