Search Incident to Arrest

1. Search Incident to Arrest MNPD Training Academy Recruit Session 42 David Veile

2. Introduction • The law prefers warrants based on probable cause. • Situations often arise in which the time and effort needed to obtain a warrant would place an unreasonable frustration on law enforcement. • Courts have therefore carved out certain exceptions to the search warrant requirement.

3. Chimel v. California • Suspect was arrested for burglary of a coin shop. • Officers then searched his entire house and found stolen coins in a drawer in his bedroom.

4. Court said : • When an arrest is made, it is reasonable for the arresting officer to search the person in order to remove any weapons that he or she might use in order to resist arrest or escape. • In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee’s person in order to prevent its concealment or destruction.

5. The area into which an arrestee might reach in order to grab a weapon or evidence is included. • A gun on a table or in a drawer next to an arrested suspect can be as dangerous as one in his clothing.

6. Purposes of Search Incident to Arrest • There are only two legitimate purposes for which an officer may search a person incident to arrest: • Search for and remove WEAPONS that the arrestee might use to resist or escape, or • Search for and seize EVIDENCE in order to prevent its concealment or destruction.

7. What may be seized? • Weapons that the arrestee may use to injure the officer or effect an escape. • Fruits of the crime for which the arrest is made. • Instrumentalities used to commit the crime. • Contraband • Evidence of a crime

8. An officer may seize not only evidence tending to establish the crime for which the arrest is made, but also evidence of other crimes. • The officer need not have a specific object in mind. • Even if the arrest is for an offense that could not produce any evidence, the officer may still conduct a search for weapons and evidence.

9. Full Scale Search • Whenever an officer makes a lawful custodial arrest, they are entitled to make a full-scale search of the arrestee’s person incident to that arrest. • The officer does not need to show any standard of proof that weapons or evidence might be found.

10. Full Search of Arrestee’s Body • Includes evidence “on the body” : • hair samples • fingernail clippings

11. Full Search of Arrestee’s Body... • Also includes evidence “immediately associated” with the arrestee’s body: • clothing (includes pockets) • billfolds • jewelry • watches • pagers

12. Full Search of Arrestee’s Body... • Includes other personal property and unlocked containers that the arrestee is carrying or has under his/her immediate control. • packages • bundles • luggage is more stringent • cannot be remote in time and place from arrest--- • U.S. v. Chadwick

13. Search of area within arrestee’s immediate control • And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested.

14. There is ample justification, therefore, for a search of the arrestee’s person and the area “within his immediate control”-- constructing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.

15. Determination of GRAB AREA • The determination of the area which is inside the arrestee’s “immediate area of control” depends on several factors: • Size and shape of room • Size and agility of arrestee • Whether arrestee was handcuffed • Size and type of evidence being sought...

16. If a person is arrested out of doors, a search of that person’s house or apartment cannot be justified by search incident to arrest. • However, if it is necessary for an arrested person to go into a different area of the premises from that in which he was arrested, the officer, for his own protection, may accompany him and search if necessary.

17. Officers may not deliberately move an arrested person near a place they want to search to activate the search incident to arrest.

18. Search of Motor Vehicles • When a police officer has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the PASSENGER COMPARTMENT of that automobile. • New York v. Belton

19. The police may also examine the contents of any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach. • Such a container may be searched, whether it is open or closed.

20. Containers include: • glove compartments • consoles • boxes • bags • clothing • any object capable of holding another object

21. Interior Passenger Compartment • Only the interior passenger compartment may be searched- NOT THE TRUNK • The search of any containers must be substantially contemporaneous with the custodial arrest of the vehicles occupant

22. Other Requirements for Search Incident to Arrest • Lawful Custodial Arrest • In Tennessee- an officer may ONLY perform a search incident to arrest when conducting a CUSTODIAL ARREST. • An officer MAY NOT conduct a search incident to an arrest by citation. • Knowles v. Iowa- United States Supreme Court • Walker v. State- TN Supreme Court

23. Who may conduct the search? • If practical, the arresting officer. Why? • If the arresting officer transfers an arrested person to another officer, the second officer may again search the suspect.

24. Use of Force (335) • Law enforcement officers searching a person incident to arrest may use the amount of force reasonably necessary to protect themselves, prevent escape, and prevent the destruction or concealment of evidence

25. Search Incident to Arrest • Purpose: • To protect the officer from weapons that may be used to resist arrest or make an escape • To recover evidence that may be destroyed • Scope: • The search of a person pursuant to a custodial arrest, which includes : • Evidence on the arrestee’s person • Arrestee’s clothing, pockets, etc. • Items within arrestee’s immediate area of control (grab area), including purses, unlocked containers, etc. • If suspect was inside a vehicle, it includes the interior passenger compartment of the vehicle, and any unlocked containers. (NOT THE TRUNK)

26. Protective Sweep (332) • There may be circumstances justifying an officer’s going into other areas of the premises. • Pursuant to a custodial arrest, for their own protection, officers may look into other rooms to see if other persons are present if they have reasonable suspicion that there may be someone else there.

27. Search must be contemporaneous with arrest • As close in time to the arrest as is practically possible. • Sometimes, it is not feasible for an officer to search immediately upon making an arrest. • Female searches, dangerous environment, poor lighting...

28. Under the “protective sweep,” an officer must have reasonable suspicion that there is another person on the premises that might pose a threat to the officer. • This is not considered a “search,” because the officer is not looking for evidence; • However, an officer who observes any seizable items may seize it under the “plain view” doctrine.

29. An officer MAY NOT search other rooms of the premises under a protective sweep unless the officer can articulate reasonable suspicion that there is someone else there.

30. Scope & Purpose of Protective Sweep • Purpose: • To protect arresting officers from attack by other persons on the premises • Scope: • Anywhere that a person might be found, IF THE OFFICER HAS REASONABLE SUSPICION THAT THERE IS SOMEONE ELSE THERE WHO MAY POSE A DANGER TO THE OFFICER