Also known as: search incident to arrest · searches incident to arrest · search-incident-to-arrest · SITA · search incident to lawful 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 is justified by the fact of a lawful custodial arrest. The search must occur substantially contemporaneously in time and place with the arrest and is limited to protecting officer safety and preserving evidence.
Samuel Soto is arrested on an outstanding warrant at a gas station. Officers handcuff him, tow his car to the station lot, and two hours later open the trunk without a warrant. The court suppresses the items found because the search occurred after the arrest was complete and remote from the scene.
Simon Stern is arrested after a traffic stop for a suspended license. While he stands handcuffed beside the open car door, an officer reaches into the passenger compartment and finds a knife under the seat. The knife is admissible because the search was limited to the area within Stern's immediate control at the time of arrest.
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Steven Silva and a companion are arrested after a highway rest stop. Officers search Silva's pockets and recover the murder weapon. The pistol is admissible because the search occurred immediately upon the lawful arrest and was confined to the arrestee's person.
Spencer Silver is arrested inside his apartment after officers enter without an arrest warrant. The subsequent search of the bedroom yields evidence. The evidence is suppressed because the initial entry to effect the arrest was unlawful and no exception justified the warrantless intrusion.
Sylvia Santos is arrested for driving with a suspended license and placed in the patrol car. Officers then search the passenger compartment of her vehicle and find drugs. The drugs are suppressed because Santos was secured and posed no threat to evidence or officers at the time of the search.
Sydney Santos is arrested in her living room. Officers search the entire house including distant closets and recover stolen property. The property is suppressed because the search exceeded the area within Santos's immediate control at the moment of arrest.
No. Officers may seize the phone and inspect its physical exterior for weapons, but they may not unlock the device or review stored data without a warrant or a separate exigency. The privacy interests in digital contents exceed the traditional rationales of officer safety and evidence preservation.
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No. A citation alone does not authorize a search incident to arrest. An actual custodial arrest supported by probable cause is required before the exception applies.
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Yes. The Fourth Amendment requires only that the arrest be supported by probable cause and be constitutionally valid. State-law violations do not invalidate the federal search-incident authority.
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The search must be substantially contemporaneous with the arrest. A delayed search conducted after the arrestee has been removed and the vehicle impounded falls outside the doctrine and requires an independent justification.
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…of the car. The next afternoon, the petitioner and Allen, while in Simmons' car, were arrested in Asheville, N. C. In the search incident to the arrest a .25-caliber pistol, later shown to be that used to kill Simmons and Moore, was found in the petitioner's pocket. After receiving the warnings required by Miranda v. Arizona , 384 U. S.…