Search Incident to Arrest

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ContrastySandDune
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Which of the following statements is true about a search incident to an arrest?

The validity of the search incident to an arrest depends on the validity of the arrest.

If an officer makes an unlawful arrest, what happens to the evidence seized during the search incident to that arrest?

The evidence will be inadmissible in court.

What is the purpose of a search incident to an arrest?

To ensure the arrestee's safety.

According to the Supreme Court in Rawlings v. Kentucky, when does it matter whether a search precedes an arrest or vice versa?

<p>It does not matter</p> Signup and view all the answers

What is the requirement for the probable cause justifying a lawful custodial arrest and a search incident to that arrest?

<p>The probable cause must be for any offense that could be charged</p> Signup and view all the answers

What is the justification for conducting a search incident to a lawful custodial arrest?

<p>To remove any weapons that the arrestee might use to resist arrest or escape</p> Signup and view all the answers

What does a valid custodial arrest justify in terms of search authority?

<p>A search of the person arrested and the immediate surroundings</p> Signup and view all the answers

Which of the following statements is true about the relationship between a lawful custodial arrest and a search incident to that arrest?

<p>A search incident to an arrest may not precede the arrest.</p> Signup and view all the answers

If an officer makes an unlawful arrest, what happens to the evidence seized during the search incident to that arrest?

<p>The evidence will be inadmissible in court.</p> Signup and view all the answers

What is the requirement for a search incident to an arrest to be deemed valid?

<p>The arrest must be lawful.</p> Signup and view all the answers

Which of the following is true about the sequence of events in a search incident to an arrest?

<p>The sequence of events does not matter as long as probable cause for arrest exists.</p> Signup and view all the answers

When is a search incident to an arrest considered valid?

<p>When the arrest and the search occurred as continuous steps in a single, integrated transaction.</p> Signup and view all the answers

What is the scope of a search incident to an arrest?

<p>Limited to the area immediately surrounding the arrestee.</p> Signup and view all the answers

What is the justification for conducting a search incident to an arrest?

<p>To remove any weapons that the arrestee might use to resist arrest.</p> Signup and view all the answers

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