PART X - SEARCH INCIDENT TO ARREST (suggested time 3 hours)

 

1.     Identify the following regarding searches incident to arrest:

 

a.  The justification required for a search incident to arrest.

b.  The authority to search a person who is under technical arrest where you would normally issue a summons in lieu of arrest.

c.  The scope of the search when that arrest is made in public.

d.  The effect of delay in searching a person under the incident to arrest justification.

e.  The scope of the search when the arrest is made on private property.

f.   The effect of removal of the suspect on subsequent search of the area incident to arrest.

g.  The scope of the search when the arrest is made in a motor vehicle.

h.  The authorization for and restrictions on searches of containers incident to arrest.

 

2.     Identify the authority that allows the seizure of evidence or contraband found at the time of an arrest, whether it is within leaping or lunging distance or not.

 

3.     Identify the following regarding protective sweeps:

 

a.  The justification required for a protective sweep.

b.  The scope of such a search.

c.  The length of time for which a protective sweep is justified.

 

4.     Identify the following regarding obtaining physical evidence from a suspect

 

a.  The general requirement for obtaining physical evidence from the body of an arrested suspect.

b.  The need for a warning of rights under these circumstances.

c.  The three other generally accepted means of obtaining physical evidence from a suspect, besides a search incident to arrest.

 

5.     Describe, given a situation involving a search incident to arrest, what justification would be needed to perform the search and the proper procedure to follow.

 

6.     Demonstrate proper search incident to arrest decision-making and procedure in a role playing situation.