Also known as: search incident to arrest · searches incident to arrest · search-incident-to-arrest doctrine · SITA doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A warrant exception authorizing officers to search an arrestee's person and the area within the arrestee's immediate control without a warrant. The search must occur substantially contemporaneously in time and place with the arrest to protect officer safety and preserve evidence.
Sierra Santos was arrested in a clinic parking lot for diverting samples. Officers seized her sedan on the spot and towed it several miles to a government garage. Hours later they opened locked cases in the trunk without a warrant. The search fell outside the doctrine because the delay and relocation severed any contemporaneous connection to the arrest.
Sasha Stone was stopped at night near an open field and arrested on an outstanding warrant. Officers saw a knife on the front seat and conducted a limited search of the passenger compartment for additional weapons. The search stayed within the doctrine because it addressed immediate safety concerns tied directly to the arrest.
Select any source to read its text and confirm it supports the definition.
Sylvia Santos was arrested inside her home after officers entered without knocking. They then searched the immediate area around her for evidence. The search remained valid under the doctrine because the underlying arrest was supported by probable cause even though the entry procedure was flawed.
Stephen Shaw was arrested inside his apartment without an arrest warrant after officers forced the door. They searched the area within his reach for weapons. The search could not be justified under the doctrine because the arrest itself lacked the required warrant to enter the home.
Solomon Silver was arrested after exiting his car at a gas station. Officers later searched the passenger compartment while he sat handcuffed in the patrol car several feet away. The search exceeded the doctrine because the arrestee no longer had access to the vehicle.
Santiago Sanchez was handcuffed at his office desk during an arrest. Officers immediately opened the drawers inches from his chair and found documents. The search stayed inside the doctrine because the drawers remained within the area of immediate control at the moment of arrest.
The search must be substantially contemporaneous in both time and place. A delay of several hours combined with towing the vehicle to a distant facility removes the search from the doctrine's protection.
Supporting sources
No. Officers may seize and inspect the physical phone for weapons but must obtain a warrant to examine stored data because the traditional safety and evidence-preservation rationales do not extend to digital contents.
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No. A search incident to arrest requires an actual custodial arrest supported by probable cause. Issuing a citation alone does not authorize a search of the vehicle.
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No. The Fourth Amendment is satisfied if the arrest rests on probable cause, even when the arrest violates state procedural rules.
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Officers may search only the area within the arrestee's immediate control from which the arrestee might gain access to a weapon or destructible evidence. Areas beyond that wingspan, such as a locked file cabinet twelve feet away, fall outside the doctrine.
Supporting sources
…or something that could have been used as evidence against him." Id. , at 768. Chimel stressed the need to limit the scope of searches incident to arrest and overruled two prior decisions of this Court validating overly broad searches. Ibid. In Belton , the Court considered the scope of a search incident to the lawful custodial arrest of…