Search Incident to Arrest
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Questions and Answers

Which of the following is required for a protective sweep of a home, incident to an arrest occurring just outside that home?

  • Articulable facts warranting a reasonable belief of a dangerous individual in the rooms to be searched (correct)
  • A routine procedure
  • A warrant
  • A valid consent from the suspect

In the case of Mestral v. State, why was the warrantless protective sweep of the defendant's home found to be impermissible?

  • The officers entered the home without any articulable facts (correct)
  • The defendant did not give consent for the search
  • The officers did not anticipate making an arrest
  • The officers did not have a valid search warrant

What should you do if you want to conduct a complete search of a premises after making an arrest?

  • Perform a protective sweep
  • Obtain a valid consent from the suspect
  • Obtain a valid search warrant (correct)
  • Conduct a routine procedure

When can an officer search the area within an arrestee's immediate control without a warrant?

<p>Only when the arrestee might gain possession of a weapon or destroy evidence (C)</p> Signup and view all the answers

What areas may be searched without a warrant when an arrest is made inside premises?

<p>Only the immediate area around the person's presence (A)</p> Signup and view all the answers

When does the search incident-to-arrest warrant exception no longer apply?

<p>Once the arrestee is physically separated from any possible weapon or destructible evidence (A)</p> Signup and view all the answers

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