How Far Can The Police Go When Conducting A “Search Incident To Arrest”?

In conjunction with a lawful arrest, regardless of where the arrest takes place, the police may search you and recover whatever is in your possession. If you are arrested in your home, the police may conduct a brief search of your immediate area of control, to ensure there are no weapons within your reach.

They cannot search your entire home without a warrant. If you are arrested in your car, the police generally may search areas where they have a reasonable belief that contraband (illegal items or evidence) related to the crime may be found.

The police may also search those immediate areas where you may have hidden a weapon at the time of your arrest. You have a lesser expectation of privacy in your car than you do in your home, which means it is easier for law enforcement to search and recover items from a car than a home.

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