Also known as: necessarily incidental · incident to
Written by attorneys · grounded in primary & secondary sources — see below
A legal relationship in which one thing forms an inherent or necessary accompaniment of another legal act or interest. The connection arises by operation of law rather than by separate agreement or independent justification.
Select any source to read its text and confirm it supports the definition.
After officers arrest Nia Nkosi for driving with a suspended license and place her in the back of a patrol car, they open the passenger compartment of her vehicle and find drugs. Because Nia is secured and cannot reach the compartment, the search lacks the required connection to the arrest and is invalid.
A nonprofit religious society that owns an apartment building restricts rentals to members of its faith. The limitation is permitted because providing housing is an inherent part of the society's religious mission and not a commercial venture.
Neil Nair receives permission to cross National Trust land to reach a neighboring parcel. The permission is not tied to any ownership interest in the land itself and therefore stands as a bare license rather than an interest that runs with the estate.
Nicole Navarro rightfully rejects nonconforming goods delivered by Neptune Energy and stores them at a commercial warehouse while arranging cover. The storage fees qualify as expenses that flow directly from the seller's breach and are recoverable as incidental damages.
Officers arrest Nigel Nelson inside his home on an outstanding warrant. They then enter an upstairs bedroom after hearing movement and finding a loaded firearm. The sweep is justified only because specific facts indicated another person posing danger could be present in areas immediately adjoining the arrest site.
Police arrest Nicholas Nunez at his home, impound his car, and tow it to the station. Two hours later they search the trunk without a warrant. The search cannot be justified as incident to the arrest because it is neither contemporaneous nor at the scene of the arrest.
Conduct counts as necessarily incident when the offense is defined so that the actor's participation is an inevitable part of committing the crime itself. The Model Penal Code excludes such persons from accomplice liability because their role is inherent in the offense rather than a separate aiding act.
A mortgage remains enforceable by the note holder because the security interest is treated as necessarily incident to the underlying obligation. Courts apply the rule that the mortgage follows the note by operation of law unless the parties expressly agree to separate them.
…sun which otherwise would fall upon the smaller homes, and bringing, as their necessary accompaniments, the disturbing noises incident to increased traffic and business, and the occupation, by means of moving and parked automobiles, of larger portions of the streets, thus detracting from their safety and depriving children of…
…which prohibit and punish marriages on the basis of racial classifications.[^maj-5] Penalties for miscegenation arose as an incident to slavery and have been common in Virginia since the colonial period.[^maj-6] The present statutory scheme dates from the adoption of the Racial Integrity Act of 1924, passed during the…
…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 ,…
…these special facts, we conclude that the attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner's arrest. Similarly, we are satisfied that the test chosen to measure petitioner's blood-alcohol level was a reasonable one. Extraction of blood samples for testing is a highly…
…exercise. I cannot, therefore, yield assent to this argument. The power to declare war, in my opinion, includes all the powers incident to war, and necessary to carry it into effect. If the constitution had been silent as to letters of marque and captures, it would not have narrowed the authority of congress. The authority to…
A search incident to arrest is limited to areas the arrestee can actually reach or to evidence of the specific offense of arrest. Once the arrestee is secured and no evidentiary basis exists, the justification for the search disappears because the connection to the arrest no longer holds.
A protective sweep may extend to areas immediately adjoining the arrest site when officers have specific and articulable facts showing another person posing danger may be present. The sweep must remain limited to spaces where a person could hide and must be justified by the danger rationale tied to the arrest.
Incidental damages include any reasonable expense that flows directly from the breach, such as inspection, storage, or cover costs. The category is not limited to pre-cover expenses but reaches all costs that are a necessary consequence of the seller's failure to perform.