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search incident to arrest
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what justification is required for SIA
the justification is lawfull custodial arrest
is a SIA justified when issuing a summons
no
what is the scope of an SIA when made in public
full body search for weapons, evidence, contraband, and means of escape
how long does SIA allow a search to be performed
SIA search lasts through booking
scope of the search when arrest is made on private property
full body search and the area within "leaping or lunging destance"
what is the effect of removing the suspect have on the search
there is no justification once the suspect is removed
what is the scope of the search when the arrest is made in a vehicle
full body searchsearch of vehicle prior to removal from scene including passenger compartment, glove box and containers, but not the trunk
authorization and restrictions of SIA of containers
open and closed can be searched is imediatly accessable locked containers need a search warrant
what must you have to seize items in plain view at the time of the arrest
probable cause certainty
what is the justification for a protective sweep
for the safety of officers and others
what is the length of time you can justifiably take in conducting a protective sweep
quick, limited, reasonable and no longer that it takes to dispell any sence of danger
what is the scope of a protective sweep
may include the entire premises but is limited to places persons can hide
what is required to obtain physical evidence from an arrested suspect
the forced procedure can't be seen as outrageous or shocking
what 3 other means can evidence be obtained from a suspect other than SIA
consent
a court order
a grand jury sobpoena
Author
Hanz
ID
32052
Card Set
search incident to arrest
Description
MSTA
Updated
2010-08-31T18:20:32Z
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