Search%20Incident%20to%20Arrest

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Search Incident to Arrest
MNPD Training Academy Recruit Session 42 David
Veile
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Introduction

• The law prefers warrants based on probable cause.
• Situations often arise in which the time and
  effort needed to obtain a warrant would place an
  unreasonable frustration on law enforcement.
• Courts have therefore carved out certain
  exceptions to the search warrant requirement.

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Chimel v. California

• Suspect was arrested for burglary of a coin shop.
• Officers then searched his entire house and found
  stolen coins in a drawer in his bedroom.

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• Court said
• When an arrest is made, it is reasonable for the
  arresting officer to search the person in order
  to remove any weapons that he or she might use in
  order to resist arrest or escape.
• In addition, it is entirely reasonable for the
  arresting officer to search for and seize any
  evidence on the arrestees person in order to
  prevent its concealment or destruction.

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• The area into which an arrestee might reach in
  order to grab a weapon or evidence is included.
• A gun on a table or in a drawer next to an
  arrested suspect can be as dangerous as one in
  his clothing.

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Purposes of Search Incident to Arrest

• There are only two legitimate purposes for which
  an officer may search a person incident to
  arrest
• Search for and remove WEAPONS that the arrestee
  might use to resist or escape, or
• Search for and seize EVIDENCE in order to prevent
  its concealment or destruction.

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What may be seized?

• Weapons that the arrestee may use to injure the
  officer or effect an escape.
• Fruits of the crime for which the arrest is made.
• Instrumentalities used to commit the crime.
• Contraband
• Evidence of a crime

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• An officer may seize not only evidence tending to
  establish the crime for which the arrest is made,
  but also evidence of other crimes.
• The officer need not have a specific object in
  mind.
• Even if the arrest is for an offense that could
  not produce any evidence, the officer may still
  conduct a search for weapons and evidence.

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Full Scale Search

• Whenever an officer makes a lawful custodial
  arrest, they are entitled to make a full-scale
  search of the arrestees person incident to that
  arrest.
• The officer does not need to show any standard of
  proof that weapons or evidence might be found.

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Full Search of Arrestees Body

• Includes evidence on the body
• hair samples
• fingernail clippings

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Full Search of Arrestees Body...

• Also includes evidence immediately associated
  with the arrestees body
• clothing (includes pockets)
• billfolds
• jewelry
• watches
• pagers

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Full Search of Arrestees Body...

• Includes other personal property and unlocked
  containers that the arrestee is carrying or has
  under his/her immediate control.
• packages
• bundles
• luggage is more stringent
• cannot be remote in time and place from arrest---
• U.S. v. Chadwick

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Search of area within arrestees immediate control

• And the area into which an arrestee might reach
  in order to grab a weapon or evidentiary items
  must, of course, be governed by a like rule. A
  gun on a table or in a drawer in front of one who
  is arrested can be as dangerous to the arresting
  officer as one concealed in the clothing of the
  person arrested.

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• There is ample justification, therefore, for a
  search of the arrestees person and the area
  within his immediate control-- constructing
  that phrase to mean the area from within which he
  might gain possession of a weapon or destructible
  evidence.

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Determination of GRAB AREA

• The determination of the area which is inside the
  arrestees immediate area of control depends on
  several factors
• Size and shape of room
• Size and agility of arrestee
• Whether arrestee was handcuffed
• Size and type of evidence being sought...

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• If a person is arrested out of doors, a search of
  that persons house or apartment cannot be
  justified by search incident to arrest.
• However, if it is necessary for an arrested
  person to go into a different area of the
  premises from that in which he was arrested, the
  officer, for his own protection, may accompany
  him and search if necessary.

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• Officers may not deliberately move an arrested
  person near a place they want to search to
  activate the search incident to arrest.

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Search of Motor Vehicles

• When a police officer has made a lawful custodial
  arrest of the occupant of an automobile, he may,
  as a contemporaneous incident of that arrest,
  search the PASSENGER COMPARTMENT of that
  automobile.
• New York v. Belton

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• The police may also examine the contents of any
  containers found within the passenger
  compartment, for if the passenger compartment is
  within reach of the arrestee, so also will
  containers in it be within his reach.
• Such a container may be searched, whether it is
  open or closed.

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• Containers include
• glove compartments
• consoles
• boxes
• bags
• clothing
• any object capable of holding another object

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Interior Passenger Compartment

• Only the interior passenger compartment may be
  searched-
  NOT THE TRUNK
• The search of any containers must be
  substantially contemporaneous with the custodial
  arrest of the vehicles occupant

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Other Requirements for Search Incident to Arrest

• Lawful Custodial Arrest
• In Tennessee- an officer may ONLY perform a
  search incident to arrest when conducting a
  CUSTODIAL ARREST.
• An officer MAY NOT conduct a search incident to
  an arrest by citation.
• Knowles v. Iowa- United States Supreme Court
• Walker v. State- TN Supreme Court

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Who may conduct the search?

• If practical, the arresting officer. Why?
• If the arresting officer transfers an arrested
  person to another officer, the second officer may
  again search the suspect.

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Use of Force (335)

• Law enforcement officers searching a person
  incident to arrest may use the amount of force
  reasonably necessary to protect themselves,
  prevent escape, and prevent the destruction or
  concealment of evidence

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Search Incident to Arrest

• Purpose
• To protect the officer from weapons that may be
  used to resist arrest or make an escape
• To recover evidence that may be destroyed
• Scope
• The search of a person pursuant to a custodial
  arrest, which includes
• Evidence on the arrestees person
• Arrestees clothing, pockets, etc.
• Items within arrestees immediate area of control
  (grab area), including purses, unlocked
  containers, etc.
• If suspect was inside a vehicle, it includes the
  interior passenger compartment of the vehicle,
  and any unlocked containers. (NOT THE TRUNK)

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Protective Sweep (332)

• There may be circumstances justifying an
  officers going into other areas of the premises.
• Pursuant to a custodial arrest, for their own
  protection, officers may look into other rooms to
  see if other persons are present if they have
  reasonable suspicion that there may be someone
  else there.

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• Search must be contemporaneous with arrest
• As close in time to the arrest as is practically
  possible.
• Sometimes, it is not feasible for an officer to
  search immediately upon making an arrest.
• Female searches, dangerous environment, poor
  lighting...

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• Under the protective sweep, an officer must
  have reasonable suspicion that there is another
  person on the premises that might pose a threat
  to the officer.
• This is not considered a search, because the
  officer is not looking for evidence
• However, an officer who observes any seizable
  items may seize it under the plain view
  doctrine.

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• An officer MAY NOT search other rooms of the
  premises under a protective sweep unless the
  officer can articulate reasonable suspicion that
  there is someone else there.

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Scope Purpose of Protective Sweep

• Purpose
• To protect arresting officers from attack by
  other persons on the premises
• Scope
• Anywhere that a person might be found, IF THE
  OFFICER HAS REASONABLE SUSPICION THAT THERE IS
  SOMEONE ELSE THERE WHO MAY POSE A DANGER TO THE
  OFFICER