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evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
14. According to the SCOTUS holding in Arizona v. Gant (2009), police may search a vehicle incident to a recent
occupant’s arrest, only if the arrestee is within reaching distance of the passenger compartment at the time of the search,
or if:
there is no second reason for a search.
the police have reason to believe that there is evidence in the car.
it is reasonable to believe that the vehicle contains evidence of the offense of arrest.
the police have reasonable suspicion that the car contains contraband or weapons.
Searches Without Warrants
CRPR.SAMA.18.06.05 – Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
15. In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver’s permit.
SCOTUS’s ruling with respect to the legality of the search of the defendant is important, because it held that:
a search incident to arrest may be conducted only where there is probable cause that the arrestee has weapons
or evidence on his or her person.
a search incident to arrest may be conducted only where there is reasonable suspicion.
a search incident to a full custody arrest may be conducted regardless of the likelihood of finding weapons or
evidence on the arrestee’s person.
a search may not be conducted incident to an arrest for a traffic offense.
Searches Without Warrants
CRPR.SAMA.18.06.05 – Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
16. In Knowles v. Iowa, concerning an instance where a driver had been given a citation for speeding but had not been