Page 220 - Original 2020 Legal Guide By Jack Ryan

Incident to Arrest Search of Vehicle

• Must occur at time of arrest and cannot be done once subject is

handcuffed and placed in law enforcement vehicle.

• A search can occur once subject is secured if officer can articulate a

reasonable belief that vehicle contains evidence of the crime for

which the arrest is being made.

• Incident to Arrest Search is limited in scope to the area that the

arrestee could reach to destroy evidence or to obtain a weapon

©2020 Jack Ryan Legal & Liability Risk Management Institute 219