This post is part of our Warrant Exception Series where we address the circumstances under which law enforcement can conduct a search without meeting the general warrant requirement.
The general warrant requirement for searches has exceptions. One of which is the search incident to a lawful arrest.
What does that mean though? It means if an individual is lawfully arrested for committing a crime, law enforcement can search them and the “wing span” area around them.
The search may extend to finding evidence of the crime that is committed or suspected to have been committed by the individual that was arrested.
If the arrested person was inside of a vehicle, officers could search within the wingspan area of the vehicle wherever that individual was located in order to find evidence of a crime.
Imagine you get arrested for driving while your license is suspended. Obviously they can’t just let you drive away, so they arrest you. Now, while you’re under arrest, they can search your pockets. Let’s hope not, but say they find a crack rock.
The search incident to lawful arrest is valid as long as:
If these conditions are met, they can charge you with possession of a controlled dangerous substance.
If you were arrested and have questions on how an attorney can contest the search of you/your items, call Vento Law Firm for a consultation.
Reach out today to discuss your case confidentially.
