- Arrest must be lawful. If the arrest is unlawful, the search will be unlawful
- Search must be contemporaneous in time and place with arrest
- Geographic scope limit: The person and his wingspan
- When a person is validly searched in a car, their wingspan = entire interior compartment and everything in it, BUT NOT trunk.
Criminal Procedure: Search & Seizure: SW Exceptions: Search Incident to a Lawful Arrest
Search incident to a lawful arrest:
Labels: Criminal Procedure