The legality of a search conducted incident to a lawful arrest is almost entirelycontingent upon the legality of the arrest itself (i.e., if the arrest is invalidated, so is the search).

Question

Quizplus · Accepted Answer

The statement is true. The legality and admissibility of a search conducted incident to an arrest are dependent on whether the arrest was lawful or not. If the arrest is deemed unconstitutional or invalid, any evidence obtained from the search may be suppressed in court.

The Legality of a Search Conducted Incident to a Lawful