A search-for-arrest incident allows law enforcement to search a suspect and their immediate surroundings when lawfully apprehended. This exception to search and seizure laws varies by country and state, but in the US, it is allowed under certain circumstances, such as a lawful custody arrest. The police can search for weapons or evidence and conduct a protective sweep of a building. Evidence gathered during a valid arrest search is usually admissible in court.
A search-for-arrest incident is a search conducted by law enforcement personnel when they lawfully apprehend a suspected criminal. It is one of the few exceptions to laws that prevent or limit the ability of law enforcement agencies to search or seize property. A legal search-for-arrest incident is usually limited to the person and immediate vicinity of a suspect who is lawfully arrested.
In much of the Western world, particularly the United States (US), Canada, the United Kingdom (UK), and most of Western Europe, there are strong laws limiting the power of law enforcement personnel to invade people’s privacy. Protections against unreasonable searches and seizures are different in every country and also vary somewhat between US states. Also, while it’s common, the search-for-arrest incident allowance isn’t necessarily universal.
Under the Fourth Amendment to the United States Constitution and subsequent case law, police in the United States generally cannot search a person or place for evidence of a crime unless the police have a warrant supported by a probable lawsuit issued by a competent judicial authority. Evidence discovered or taken by the police without a proper warrant usually cannot be presented as evidence in court unless it was obtained under a number of exceptions to the warrant requirement. One such exception is the search-for-arrest incident.
For such a search to be fair, the police must first make a lawful custody arrest. A lawful arrest must normally be supported by a valid warrant. In the absence of a warrant, the police may arrest a person if they have probable reason to believe that a person has committed a crime or misdemeanors, or if the person has committed a crime in the presence of the officer. A custodial arrest generally means that the suspect is at least nominally under the control of law enforcement personnel. This means that a lawful custodial arrest must go beyond the level of an Investigative or Terry arrest, which only allows for a search and questioning.
Once a suspect is legally under arrest, the police can search them for weapons or other evidence. They can also monitor its immediate surroundings – sometimes called its wingspan – including any areas where it might be able to reach for weapons or destroy evidence. This can sometimes include containers carried over the body during or immediately prior to an arrest, as well as the interior of a vehicle if the suspect was arrested while inside one. They may also conduct a non-intrusive search, or protective sweep, of a building to check for other people who may pose a danger to the police. Evidence gathered during a valid arrest search is usually admissible in court.
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