Searches incident to Arrest

Question 1

What is a Search Incident to Arrest?

Answer 1

A warrantless search carried out incident to a lawful arrest

Question 2

Can someone be searched when the arrest was not lawful?

Answer 2

NO: arrest must be lawful otherwise cannot even search the person

Question 3

What does a lawful arrest create in regards to searches?

Answer 3

A lawful arrest creates a situation that justifies a warrantless contemporaneous search of the person arrested and the immediate surrounding area (i.e., his “wingspan” or control) from which a weapon may be concealed or evidence destroyed

Question 4

What are Requirements for a Search Incident to Arrest?

Answer 4

1. Lawful Arrest
2. Search but be done contemporaneously in time with the arrest AND
3. Search must at or near the location of the arrest

Question 5

Can police administer a breathlyzer as a search incident to arrest?

Answer 5

YES: breathlyzer is fine, blood test is not

Question 6

Area that can be Searched during an Arrest?

Answer 6

1. Only cover the area in possession and control of the person being arrested OR his lunging area
2. Police can search the area that the person under arrest may access
3. Encompasses search of containers found on arrestees person

Question 7

Can Police Search Phones during Arrest?

Answer 7

NO:
Cannot search phone when arrested and its on the suspect’s person absent exigent circumstances