A police officer has informed a man seated at a desk in his home that he is under arrest. The desk top is cluttered and the desk has many drawers within easy reach of the arrestee. One drawer is locked. As incident to the arrest, what may the officer search besides the man?

Question

Quizplus · Accepted Answer

As incident to the arrest, the officer may search the immediate area around the arrestee, which includes the desk top and unlocked drawers of the desk. However, the locked drawer would require a separate search warrant unless there is probable cause that it contains evidence related to the crime for which the arrest was made. The officer cannot search areas beyond the immediate reach of the arrestee without a warrant or consent.

A Police Officer Has Informed a Man Seated at a Desk