Any evidence gathered from the basement will be excluded because it was not within John’s wingspan as he left the home.Ī search incident to lawful arrest also applies to the search of a vehicle, specifically when officers arrest the occupants of a vehicle. After securing John in his vehicle, the officers search the basement of the house. As the police escort John out of his house, they search the area within his wingspan. The rationale is that the search is permissible as a protective measure for police safety and to secure evidence that might be destroyed.ĮXAMPLE: Pursuant to an arrest warrant, John is taken into custody in his home. In other words, if someone is lawfully arrested, the police may search her person and any area surrounding the person that is within reach (within his or her “wingspan”). Search Incident to Lawful ArrestĪ search incident to lawful arrest does not require issuance of a warrant. There are six major exceptions to the warrant requirement. If the frisk reveals the likely presence of a weapon, a more thorough search may be permissible, and anything found at that point can be used as evidence at trial. An officer is not allowed to perform a frisk (or “pat-down”) to look for mere contraband, evidence of a crime, fruits of a crime, or instrumentalities of a crime, but only for the presence of a weapon that might put the officer or other people in the area at risk. Making contact with a suspect’s outer clothing in order to determine, through touch, whether or not a concealed weapon is present. Whether or not a party has given voluntary consent is determined by the totality of the circumstances. Voluntarily acquiescing or complying with a request, by someone of sufficient mental capacity a decision made in the absence of coercion or duress. Fourth Amendment-Warrant Requirement Exceptions (Part II).Fourth Amendment: Exceptions to the Warrant Requirement (Part I).
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