Searches incident to a lawful arrest
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010) |
In most cases, a search warrant is required to perform a lawful search. A long-recognized exception to this requirement is searches incident to a lawful arrest.[1] This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.[2]
In the case of Arizona v. Gant (April 21, 2009) the Supreme Court ruled a further exemption in that the police can search a car following arrest only if they could have a reasonable belief that the person arrested "could have accessed his car at the time of the search" or "that evidence of the offense for which he was arrested might have been found therein."
[edit] See also
[edit] References
[edit] Further reading
- Koehl, E. J., Jr. (1969). "Criminal Procedure—Search Incident to a Lawful Arrest". Loyola Law Review 16: 217. ISSN 01929720.
