Test 2. Searching Incident to Arrest

Question 1

17-5-1 - Search pursuant to lawful arrest authorized

Answer 1

Authorizes an officer that has made a lawful arrest to search the person arrested and the immediate area of that person at the time of arrest

Question 2

In a lawful search incident arrest, an officer may search the arrestee’s body and the ______________.

Answer 2

immediate area

Question 3

In a lawful search incident arrest, what is the immediate area of a vehicle?

Answer 3

The passenger compartment of the vehicle

Question 4

According to Chimel v. California, what are the two reasons for a search incident to arrest the arrestee’s immediate area?

Answer 4

1. Discover weapons
2. Prevent the destruction of evidence

Question 5

If, during a lawful search to arrest, the arrestee is under the officer’s control and their access to the vehicle is eliminated, can the officer search their vehicle?

Answer 5

> Only if the officer can articulate why he is searching and what he is searching for.

Question 6

Arizona v Gant establishes an officer may lawfully search a vehicle’s passenger compartment when he has reasonable suspicion that an individual is __________________.

Answer 6

armed and dangerous