Criminal Procedure - Investigations 2011

Front 1

Scope of Search Incident to Lawful Arrest - In Public

Back 1

If full custodial, lawful arrest, police can search arrestee's person and area within arrestee's immediate control (grabbing or lunging area); you can search any containers found on person

Front 2

Scope of Search Incident to Lawful Arrest - In Automobile

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requires at least one of two conditions: 1. The officer must either not have secured the arrestee and the arrestee must be within reaching distance of the vehicle, or
2. the officer must have a reason to believe there is evidence of the arrest offense in the car.

scope includes containers locked or not

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Scope of Search Incident to Lawful Arrest - In Home

Back 3

Any place from which one might immediately grab a weapon or evidence that could be destroyed, but it needs to be within the room in which the arrestee is

Officers can make a limited protective sweep to look into other areas beyond the arrestee, but only of those areas immediately adjacent from which someone could launch an attack.

Beyond these areas, officers must have reasonable suspicion there is a threat to conduct a further search incident to the arrest.