searches incdient to arrest

Question 1

what are searches incdient to arrest in terms of jusdication

Answer 1

Its a type of ENTITLEMENT SEARCH
If the arrest is lawful, that is a sufficient legal basis for the search

Question 2

what is the chimel rule that defines limitation of search incident to arrest

Answer 2

a search incident to arrest limited is to the person and area within their immediate control/the area where they were arrested/grabbing area

Question 3

what are the three justfications of search incdidnet to arrest that help us limit it to area they were arrested/grabbing area

Answer 3

We want to prevent escape of arrestee
Also want to preserve evidence
Officer safety

Question 4

scope of search incdient to arrest (ie in relation to terry frisk)

Answer 4

You can go into pockets, everything on them
They can search the things found on you as well

Question 5

what is the immediate grabbing area (sqishy)

Answer 5

Area immediately around where arrest occurred, even if person is no longer there (preservation of evidence rationale)

Question 6

what is the gant search incdient to arrest rule as it applies to cars

Answer 6

Police can search a car incident to a recent occupant’s arrest ONLY if
1.Gant one : the arrestee is w/in reaching distance of the passenger compartment at the time of the search and is unsecured OR

2. Gant two it is reasonable to believe the car has evidence of the offense of arrest

Question 7

What does it mean to be ‘secured’ under gant?(gant rule one)

Answer 7

Courts are not decided on this; some say handcuffs are enough, others say they must be handcuffed in back of the cop car

Question 8

Three categories where Gant rule two is applied

Answer 8

1. Crimes for which there will never be evidence of the crime in car (ie drinking with suspended license)
2. Crimes for which the nature of the crim will automatically establish RS of evidence crime of arrest being in the car
   Ie drug crimes, DUI, stolen car

3.maybe category
Nothing about nature of crime itself, depends on the facts

Question 9

what is the riley rule on search incidnet to arrest as it relates to phone

Answer 9

a search of data on phone incident to arrest are outside the scope because it will not advance the chimel justifications

If you’re gonna search the back compartment of a phone for a weapon, fine, but searching the data is not gonna fall under this justification