Page 155 - Original 2020 Legal Guide By Jack Ryan
P. 155
Task: Motor Vehicle Search Incident to Arrest
Knowles v. Iowa, 525 U.S. 113 (1998).
Only in cases where an officer is making a custodial arrest, will a
search incident to arrest be justified. Where a statute grants an
officer discretion over whether or not to make a custodial arrest and
the officer has decided to issue a summons instead of making a
custodial arrest, a search incident to arrest will not be justified.
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