A vehicle is not subject to search incidental to arrest if the arrested driver was not in the car when the officer first made contact.

Question

Quizplus · Accepted Answer

A vehicle may be searched without a warrant if the arrestee is unsecured and within reaching distance of the vehicle's passenger compartment at the time of the search, or if the officer has probable cause to believe that the vehicle contains evidence of the crime for which the arrest was made. The fact that the arrested driver was not in the car when the officer first made contact does not necessarily prevent a search incidental to arrest.

A Vehicle Is Not Subject to Search Incidental to Arrest