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

32052

Card Set

search incident to arrest

Description

MSTA

Updated

2010-08-31T18:20:32Z

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