Page 156 - Original 2020 Legal Guide By Jack Ryan

Task: Search of Motor Vehicle Incident to Arrest

Thornton v. United States, 541 U.S. 615 (2004).

Where an officers makes a valid arrest of a subject, who had

moments before the arrest exited a vehicle, the officer may search

the vehicle’s passenger compartment at the time of the arrest as a

valid incident to arrest search.

Note: Police may search a vehicle incident to a recent occupant’s

arrest only if the arrestee is within reaching distance of the

passenger compartment at the time of the search or it is reasonable

to believe the vehicle contains evidence of the offense of arrest. See

Gant at p. 92

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