Also known as: search incident to arrest · searches incident to arrests · search incident to lawful arrest
Written by attorneys · grounded in primary & secondary sources — see below
A warrantless search of an arrestee's person and the area within immediate control. The search must occur substantially contemporaneously in time and place with a lawful arrest to protect officer safety and preserve evidence.
Sydney Santos was arrested at a roadside stand. Officers towed her pickup to a secure lot and searched the bed hours later. The evidence found must be suppressed because the search was remote in time and place from the arrest.
Stella Shapiro was arrested in a clinic parking lot. Agents towed her sedan to a government garage and opened locked trunk cases several hours later. The search exceeded the bounds of a search incident to arrest.
Sebastian Santos was arrested at a weigh station. Officers conducted a brief protective sweep of the cab at the scene before impounding the rig. The limited on-site search stayed within the doctrine's scope.
Select any source to read its text and confirm it supports the definition.
Simon Stern was arrested for trespass and taken to the station. Officers followed standard procedures to inventory his backpack before booking. The search was lawful as an inventory rather than incident to arrest.
Sierra Santos was arrested inside her apartment pursuant to a warrant. Officers searched the area within her immediate reach after handcuffing her. The search remained valid under the incident-to-arrest doctrine.
Sofia Stern was arrested beside her car. Officers searched the passenger compartment after she was handcuffed and placed in a patrol vehicle. The search was no longer justified once she could not access the car.
The search must be substantially contemporaneous in both time and place with the arrest. A search conducted hours later at a remote impound lot after the vehicle has been towed falls outside the exception and requires a separate justification such as a warrant or inventory policy.
No. A search incident to arrest requires an actual arrest supported by probable cause. Issuing a citation without taking the person into custody does not trigger the exception.
The search remains valid under the Fourth Amendment. Probable cause for the arrest is sufficient even if the arrest itself violates state procedural rules.
…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…