Legal term

Search incident to arrest

Answer: Search incident to arrest. This Fourth Amendment exception permits a warrantless search of the arrestee and the area within immediate control upon a lawful custodial arrest (Chimel). The search of the person and containers on the person is categorical (Robinson). It does not extend to digital cell phone contents without a warrant (Riley).

Rule to remember

Search incident to arrest: upon a lawful custodial arrest, officers may, without a warrant, search the arrestee and the area within immediate control for weapons and destructible evidence.

Key elements and checks

In the source’s words

“"'within his immediate control' construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence."”

Chimel v. California, 395 U.S. 752 (1969) | LII

“"a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment"”

United States v. Robinson, 414 U.S. 218 (1973) | LII

Meaningful state variation: some state constitutions provide greater protection than the federal baseline; always check state-specific doctrine and statutes.

Sources