Also known as: incidents to arrest · incident-to-arrest · search incident to arrest
Written by attorneys · grounded in primary & secondary sources — see below
A warrantless search of an arrestee and the area within the arrestee's immediate control that officers may conduct upon making a lawful arrest to protect officer safety and preserve evidence.
Officer Jones arrests Imani Idowu for drug possession after pulling her over and handcuffs her in the back of the patrol car. The officer then searches the passenger compartment of Idowu's car and finds a firearm. The search is invalid because Idowu is secured and cannot reach the compartment at the time of the search.
Police arrest Iain Irons at his home for theft and immediately impound his truck. Four hours later at the station lot officers open the truck and discover stolen goods inside. The search fails because it is neither contemporaneous in time nor place with the arrest.
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Agents arrest Ivy Ibarra on fraud charges and seize her smartphone from her pocket. They inspect the exterior for weapons but then unlock the device and scroll through text messages without a warrant. The digital search exceeds the scope of any incident-to-arrest authority.
Officers stop Isaiah Ishikawa after he exits his car and arrest him on an outstanding warrant. They then search the passenger compartment and locate a weapon under the seat. The search is permissible because Ishikawa was a recent occupant of the vehicle.
After arresting Ian Iverson for a traffic violation officers search the entire passenger compartment of his car while he sits handcuffed in the patrol vehicle. The search is no longer valid under current limits because the arrestee cannot access the compartment.
Officers arrest Israel Irving inside his apartment on a warrant and conduct a quick protective sweep of adjoining rooms for hidden threats. The sweep is lawful because it is limited to spaces immediately adjoining the arrest site.
The doctrine permits a search of the arrestee and the area within immediate control to protect officer safety and prevent destruction of evidence.
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The search must be substantially contemporaneous in time and place with the arrest. Delayed searches after impoundment fall outside the exception.
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Officers may inspect the physical exterior of a phone for safety but may not search its digital contents without a warrant.
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A vehicle search is allowed only if the arrestee is unsecured and within reaching distance or if evidence of the offense of arrest is reasonably believed to be inside.
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Yes. A lawful custodial arrest for any offense justifies a search of the person and the area within immediate control.
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…custodial arrests supported by probable cause.[^maj-21] The Court in Terry expressly recognized the difference between a search incident to arrest and the "limited search for weapons," 392 U. S., at 25, involved in that case. The Court stated: "[A search incident to arrest], although justified in part by the acknowledged necessity…