Search Incident to Arrest Criteria

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DesirableWhistle
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What principles constrain the allowable degree of force to be used by the police during an arrest?

Proportionality, necessity, and reasonableness

According to section 26 of the text, who is criminally responsible for any excess use of force?

Every individual who is authorized by law to use force

In what situation is it the duty of every person arresting someone to provide notice according to the text?

When arresting a person with or without a warrant

Which of the following situations would NOT render an inventory search unlawful?

<p>Discovering evidence of criminal activity during the inventory search</p> Signup and view all the answers

In what situation would a detention NOT occur according to the text?

<p>Physical contact without any confining actions</p> Signup and view all the answers

Which action should officers take before conducting an inventory search on a vehicle?

<p>Give the vehicle's occupant(s) an opportunity to remove property</p> Signup and view all the answers

When does psychological restraint with a legal obligation lead to a detention?

<p>When a police officer gives a direction or demand with significant legal consequences for non-compliance</p> Signup and view all the answers

What is a key requirement for a search of a home to be permitted incident to lawful arrest?

<p>The arrest is lawful</p> Signup and view all the answers

When is a search considered 'incident to arrest' if the area searched is within the arrestee's physical control at the time of arrest?

<p>If there is no reason for the search</p> Signup and view all the answers

In what situation would a search be considered 'incident to arrest' if the area searched is outside the arrestee's physical control at the time of the arrest?

<p>If the police have reason to suspect that the search will further public safety</p> Signup and view all the answers

What must guide the nature and extent of a search incident to lawful arrest in a home?

<p>Heightened privacy interests in a home</p> Signup and view all the answers

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