Also known as:full custodial arrests · custodial arrest
Written by attorneys · grounded in primary & secondary sources — see below
A seizure of the person that takes an individual into custody and transports the person to a police facility for questioning or processing. It requires probable cause and triggers the authority to conduct a search of the arrestee's person and the area within immediate control.
Sources & Authorities
How it applies
Common Examples
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Wingspan Search After Arrest
Farid Farahani stood next to his desk when officers executed a valid arrest warrant. They handcuffed him and immediately searched the surface of the desk and the open drawer within arm's reach, recovering documents. Officers then walked across the room to a locked cabinet six feet away and searched inside without a warrant. The court suppressed evidence from the cabinet because it lay outside the area from which Farahani could access a weapon or evidence after being secured.
Full Person Search Valid
Fiona Foster was arrested on probable cause for driving with a revoked license. Officers conducted a complete search of her clothing and pockets at the scene without any indication they feared for safety or expected to find evidence of the traffic offense. The search revealed controlled substances. The court upheld the search because a valid custodial arrest alone authorizes a full search of the arrestee's person regardless of case-specific justifications.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Study Supplements
Vehicle Search After Exit
Frank Fisher was removed from his car during a traffic stop and placed under custodial arrest. Officers then searched the passenger compartment of the vehicle where Fisher had been sitting moments earlier. The search uncovered a weapon. The court admitted the evidence because the arrest justified the limited search of the area within the arrestee's recent control.
Michigan v. Long463 U.S. 1032 (1983)
Container Search in Vehicle
Felicia Fuentes was arrested after officers found probable cause to believe her car contained contraband. Officers opened a closed paper bag on the front seat and discovered drugs. The court upheld the search because the custodial arrest permitted examination of containers within the passenger compartment that could hold evidence or weapons.
California v. Acevedo500 U.S. 565 (1991)
Passenger Compartment Search
Fatima Flores was arrested while seated in the front passenger seat of a vehicle. Officers handcuffed her and searched the glove box and center console immediately afterward. The court admitted items recovered because the search incident to the full custodial arrest extended to the entire passenger compartment of the car.
New York v. Belton453 U.S. 454, 460 (1981)
Cell Search in Prison
Felipe Figueroa, an inmate, had his cell searched by prison officials without suspicion of wrongdoing. Officers discovered contraband during a routine inspection. The court upheld the search because a full custodial arrest places an inmate in a setting where diminished privacy expectations permit such inspections.
Hudson v. Palmer104 S.Ct. 3194, 468 U.S. 517, 82 L.Ed.2d 393
Common questions
Frequently Asked
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What distinguishes a full custodial arrest from an investigative detention?+
A full custodial arrest involves taking a person into custody and transporting the individual to a police facility for questioning. It requires probable cause. An investigative detention is a brief on-scene stop justified by reasonable suspicion and does not involve station-house transport.
Supporting sources
Does a full custodial arrest always permit a search of the entire premises where the arrest occurs?+
No. The search is limited to the arrestee's person and the area within immediate control from which the person might gain access to a weapon or destructible evidence. Areas beyond that wingspan require a warrant or another exception.
Supporting sources
Must officers have a subjective fear for safety or belief that evidence exists to justify a full search of the arrestee's person?+
No. Once a custodial arrest is valid, officers may conduct a full search of the person regardless of whether they actually fear for safety or expect to find evidence. The justification is categorical and does not depend on case-specific rationales.
Supporting sources
463 U.S. 1032 (1983)Criminal Procedure
…investigation "at close range," Terry , 392 U. S., at 24, when the officer remains particularly vulnerable in part because a full custodial arrest has not been effected, and the officer must make a "quick decision as to how to protect himself and others from possible danger . . . ." Id. , at 28. In such circumstances, we have not…