Search Incident to Arrest
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Questions and Answers

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. (correct)
  • The search incident to an arrest is conducted to gather evidential justification for the arrest.
  • An incident search may precede an arrest and serve as part of its justification.
  • An officer can justify an arrest by the search conducted incident to that 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 used to justify the arrest.
  • The evidence will be admissible in court.
  • The evidence will be considered separate and distinct from the arrest.
  • The evidence will be inadmissible in court. (correct)
  • What is the purpose of a search incident to an arrest?

  • To gather evidential justification for the arrest.
  • To ensure the arrestee's safety. (correct)
  • To justify an arrest.
  • To search any citizen without a warrant or probable cause.
  • 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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