Searches Incident To Arrest

1. Once a custodial arrest is made within a home, officers may search the lunge area of the person arrested.

True

False

When a custodial arrest is made within a home, officers are allowed to search the "lunge" area of the person arrested. This means that they can search the immediate area where the person was arrested, including the space within their reach. This is based on the principle of officer safety and the need to prevent the destruction of evidence. It allows the officers to ensure that there are no weapons or other immediate dangers present, and to collect any evidence that may be in plain view. Therefore, the statement is true.

Explanation

When a custodial arrest is made within a home, officers are allowed to search the "lunge" area of the person arrested. This means that they can search the immediate area where the person was arrested, including the space within their reach. This is based on the principle of officer safety and the need to prevent the destruction of evidence. It allows the officers to ensure that there are no weapons or other immediate dangers present, and to collect any evidence that may be in plain view. Therefore, the statement is true.

2. For officer safety, without probable cause or reasonable suspicion but incident to arrest, an officer may look in spaces immediately adjacent to the place where the suspect was arrested (closets and other areas where an attack against the officer could originate).

True

False

The statement is true because it is a well-established legal principle that allows officers to search areas immediately adjacent to the place of arrest without probable cause or reasonable suspicion. This is done to ensure officer safety and prevent any potential attacks against them. These areas may include closets or other spaces where an attacker could potentially hide or launch an attack. This exception to the search warrant requirement is based on the need to protect law enforcement officers in potentially dangerous situations.

Explanation

The statement is true because it is a well-established legal principle that allows officers to search areas immediately adjacent to the place of arrest without probable cause or reasonable suspicion. This is done to ensure officer safety and prevent any potential attacks against them. These areas may include closets or other spaces where an attacker could potentially hide or launch an attack. This exception to the search warrant requirement is based on the need to protect law enforcement officers in potentially dangerous situations.

3. Searches incident to arrest shall only be conducted after an officer has developed ___________ to arrest an individual for any offense that allows an officer to take a person into ______________ by state law or municipal ordinance

Reasonable suspicion, detention

Articulable suspicion, protective custody

Probable cause, full custody

A hunch, their cruiser

Searches incident to arrest can only be conducted when an officer has developed probable cause to arrest an individual for any offense. Probable cause is a reasonable belief that a crime has been committed and the person to be arrested is responsible for it. Additionally, the individual can only be taken into full custody, meaning they are fully detained and not just temporarily held. This is determined by state law or municipal ordinance, which dictates the procedures for arrest and custody.

Explanation

Searches incident to arrest can only be conducted when an officer has developed probable cause to arrest an individual for any offense. Probable cause is a reasonable belief that a crime has been committed and the person to be arrested is responsible for it. Additionally, the individual can only be taken into full custody, meaning they are fully detained and not just temporarily held. This is determined by state law or municipal ordinance, which dictates the procedures for arrest and custody.

4. When a custodial arrest of _____________ of a motor vehicle is made, for any charge, officers may search the passenger compartment of the motor vehicle (including all containers, open or closed) incident to arrest.

Any occupant

The passenger

The driver

The owner

When a custodial arrest of any occupant of a motor vehicle is made, officers may search the passenger compartment of the motor vehicle (including all containers, open or closed) incident to arrest. This means that regardless of whether the arrest is made on the driver, passenger, or owner of the vehicle, the officers have the authority to search the passenger compartment and any containers within it.

Explanation

When a custodial arrest of any occupant of a motor vehicle is made, officers may search the passenger compartment of the motor vehicle (including all containers, open or closed) incident to arrest. This means that regardless of whether the arrest is made on the driver, passenger, or owner of the vehicle, the officers have the authority to search the passenger compartment and any containers within it.

5. Once a custodial arrest is made within a home, officers may search the _______________ of the person arrested.

Home

Lunge area

Room

Personal area

After making a custodial arrest within a home, officers are allowed to search the "lunge area" of the person arrested. This refers to the immediate area within the person's reach where they could potentially grab a weapon or destroy evidence. This search is permitted to ensure the safety of the officers and to prevent the destruction of evidence.

Explanation

After making a custodial arrest within a home, officers are allowed to search the "lunge area" of the person arrested. This refers to the immediate area within the person's reach where they could potentially grab a weapon or destroy evidence. This search is permitted to ensure the safety of the officers and to prevent the destruction of evidence.