Page 26 - TPA Journal July August 2018

location and preservation of evidence of a traffic Those of us who began our law enforcement
offense, as the Gant case illustrates. careers prior to invention of the wheel and fire are
acutely aware of the authorities granted us under
Custodial Arrest a Necessity There must a
the benchmark case New York v. Belton. Because
lawful custodial arrest of the occupants of a motor
our chosen profession is under constant scrutiny
vehicle to justify a search incident to arrest for
and always the subject of change aimed at limiting
officer safety or the location and preservation of
our collective abilities to interfere lawfully in a
physical evidence relevant to the arrest. A
citizens expectations of privacy in public, we
custodial arrest is one which involves the taking of
must remain attentive to modifications of the law
a person into custody and transporting them to a
and willing to adapt when and where necessary.
police station, jail, detention center, or other
As Ive said on many occasions while teaching
facility where suspects/prisoners are processed
classes to Texas peace officers, the daily tests of
following arrest. The issuance of a citation alone
your knowledge and ability will not stop; in fact,
is not a lawful custodial arrest and cannot satisfy
they will increase in the future. The key to success
the requisites of a search incident to arrest.
is being more prepared to accept those challenges
However, officers should always remember their
and win the confrontations than the adversaries
safety and that of others, including detained or
are to perpetuate them. Until next month, watch
arrested suspects, will justify a limited search of
your backs and those of your teammates and take
the lunging and reaching areas within the
great care of your families.
passenger compartment of a vehicle to insure
individuals who will be allowed to return to those
vehicles while officers are still present cannot
Your brother in arms,
access a weapon. These limited searches or
frisks are covered thoroughly in the case titled Cris Andersen, Director
U.S. v. Flett and all officers should remain well Law Enforcement Division
versed in the authority granted them under case United States Law Shield
law associated with it.

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