If a suspect is given a citation for an offense for which they could have been arrested, the issuing officer can conduct a "search incident to citation" just as a search incident to arrest.

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A "search incident to citation" does not carry the same legal weight as a "search incident to arrest." The latter allows officers to search a person and the area within their immediate control after an arrest to ensure officer safety and prevent evidence destruction. However, when a citation is issued without an arrest, the justification for such a search is not present, limiting the officer's ability to conduct a search without additional legal justification such as consent or probable cause.

If a Suspect Is Given a Citation for an Offense