Search Incident to Arrest

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6 Questions

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

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

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

Obtain a valid search warrant

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

Only when the arrestee might gain possession of a weapon or destroy evidence

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

Only the immediate area around the person's presence

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

Once the arrestee is physically separated from any possible weapon or destructible evidence

Quiz: Understanding the Scope of Search Incident to Arrest Test your knowledge on search incident to arrest with this informative quiz. Learn about the limits and conditions under which law enforcement officers can search a person and their immediate surroundings without a warrant. Explore the landmark case of Chimel v. California and the concept of "area from within an arrestee's immediate control."

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