An officer arrested Tim for disorderly conduct (a misdemeanor) because he was picketing in front of the town's only grocery store and blocking the entrance.No one suspected Tim had a gun.The officer wants to do a search incident to arrest before placing Tim in the patrol car and taking him to jail.Which of the following is true regarding this situation

Question

Quizplus · Accepted Answer

The officer may conduct a search incident to arrest of Tim and the area under his immediate control, which includes his pockets, clothing, and any containers he had on him at the time. This is allowed for any arrest, regardless of the nature of the offense. However, the search must be limited to ensure officer safety and to prevent destruction of evidence. The fact that other protesters were armed is not relevant to the search of Tim. The picket signs may be taken as evidence, but this does not preclude a search of Tim.

An Officer Arrested Tim for Disorderly Conduct (A Misdemeanor) Because