CONSTITUTIONAL LAW

SEARCH INCIDENT TO ARREST

1.

a. Custodial arrest based upon probable cause

b. No authority to search exists

c. Full search of person and immediately accessible personal property for weapons, evidence and contraband.

d. Search incident to arrest extends through booking for search of a person

e. Full search of person and area within leaping and lunging distance

f. Once suspect is removed from area, justification for search incident to arrest diminishes quickly. Once officers have left a house, search incident to arrest will not allow them back in to search.

g. Passenger compartment of car is deemed to be within arrest’s immediate control including personal property accessible.

h. May search if immediately accessible to suspect. If locked, need search warrant.

2. Plain view seizure is always possible as long as evidence or contraband was visible from within leap or lunge or along route for removal by suspect.

3.

a. Legal presence in the premise and reasonable suspicion that there may be accomplices present in the premise.

b. Anywhere the accomplices could reasonable hide.

c. May not continue after suspicion of danger has been dispelled and in any event, may last no longer than is necessary to complete the arrest and leave the premises.

4.

a. Search and seizure of evidence from a suspect’s body who is under arrest is allowed as long as the force exerted or procedure used is not shocking, or put another way, as long as the search and seizure is reasonable.

b. No requirement that the suspect be warned.

c. You may take evidence based on consent, court order or grand jury subpoena.

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