Search Incident to Arrest
/ˈsɜːrtʃ ˈɪnsɪdənt tuː əˈrɛst/
Definitions
- (n.) A warrantless search conducted by law enforcement of an arrested person and the immediate surroundings to ensure officer safety and preserve evidence.
The police conducted a search incident to arrest immediately after detaining the suspect.
Forms
- search incident to arrest
Related terms
See also
Commentary
This exception to the warrant requirement is narrowly construed to prevent harm and evidence destruction, and typically limited to the area within immediate control of the arrestee.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.