Also known as: area within the immediate control · areas within immediate control · immediate control area · Chimel area · wingspan search · search incident to arrest scope
Written by attorneys · grounded in primary & secondary sources — see below
The space surrounding an arrestee from which the arrestee might gain access to a weapon or destructible evidence. This zone is measured by the arrestee's actual physical capability at the time of the search and does not extend to the entire premises or to areas beyond immediate reach once the arrestee is secured.
Officers arrested Adam Anderson backstage at a concert venue and handcuffed him beside a folding table. They searched Anderson's person, his nearby backpack, and the table surface. The search of the locked road case several feet away and the dressing room down the hallway fell outside the permitted zone.
Officers arrested Austin Abbott at his desk in an open-plan office and handcuffed him while seated. They searched Abbott and the desk drawers within arm's reach. The locked file cabinet across the room and the server closet down the hall lay beyond his immediate control.
Officers arrested Anita Ali after stopping her car and removed her from the vehicle. They searched the passenger compartment and jacket on the backseat. Areas outside the car remained outside the zone of immediate control.
Select any source to read its text and confirm it supports the definition.
Officers arrested Aaron Adams beside his parked car and secured him in a patrol vehicle. They searched the car interior for evidence related to the arrest. The search exceeded the immediate-control area once Adams was secured away from the vehicle.
Officers stopped Adrian Aguilar's vehicle and observed a weapon on the floorboard. They conducted a limited search of the passenger compartment while Aguilar remained nearby. The protective sweep was justified by specific facts indicating potential danger within reach.
Handcuffing the arrestee behind the back eliminates the practical ability to reach items several feet away. Officers may still search the arrestee's person and containers or spaces within arm's reach at the moment of arrest. Areas beyond that reach require a warrant or another exception.
Supporting sources
No. The rule focuses on the arrestee's actual physical capability after being secured rather than the overall dimensions of the workspace. A locked cabinet eight feet away or a server closet down a hallway remains outside the wingspan even in a compact room.
Supporting sources
A protective sweep beyond the wingspan requires specific and articulable facts supporting a reasonable belief that another person posing a danger is present. The sweep must be quick and limited to spaces where a person could hide.
Supporting sources
…In New York v. Belton , 453 U. S. 454 (1981), we determined that the lower courts "have found no workable definition of the area within the immediate control of the arrestee' when that area arguably includes the interior of an automobile and the arrestee is its recent occupant." Id. , at 460. In order to provide a "workable rule," ibid. , we…