Officers may not deliberately move an arrested person near an object or place they want to search in order to activate the incident-to-arrest exception.

Question

Quizplus · Accepted Answer

This would be considered a Fourth Amendment violation known as a "pretextual search" and is not permissible under the incident-to-arrest exception. Officers must have an independent justification for the search beyond simply wanting to search a particular area or object.

Officers May Not Deliberately Move an Arrested Person near an Object