Criminal Procedure

Search Incident to Arrest

A warrantless search without consent conducted when a lawful arrest is made is reasonable within the area of the arrested person's immediate control. This is true regardless of the crime arrested for, but the person must actually be arrested.

The purposes of this exception are officer safety and the preservation of evidence.

Police cannot search a cell phone incident to arrest.

Police have the right to search the passenger compartment of a vehicle incident to the arrest of an occupant of the vehicle if he has access to it or if the police reasonably believe that the vehicle contains evidence of the crime arrested for.