During a search incident to arrest, officers may not search for weapons unless they can point to specific facts and circumstances indicating the likelihood that the person was armed and dangerous.

Question

Quizplus · Accepted Answer

During a search incident to arrest, officers are allowed to search the person arrested and the area within their immediate control without needing specific facts to suggest the person is armed and dangerous, as this is for officer safety and to prevent evidence destruction.

During a Search Incident to Arrest, Officers May Not Search