A search incident to a lawful arrest must take place at the time of arrest for the evidence to be admissible in court.

Question

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A search incident to a lawful arrest does not necessarily have to take place exactly at the time of arrest to be considered valid and for the evidence to be admissible in court. Courts have allowed some flexibility regarding the timing, as long as the search is closely connected to the arrest in time and circumstances.

A Search Incident to a Lawful Arrest Must Take Place