search incident to arrest

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search incident to arrest
2010-08-31 14:20:32

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  1. what justification is required for SIA
    the justification is lawfull custodial arrest
  2. is a SIA justified when issuing a summons
  3. what is the scope of an SIA when made in public
    full body search for weapons, evidence, contraband, and means of escape
  4. how long does SIA allow a search to be performed
    SIA search lasts through booking
  5. scope of the search when arrest is made on private property
    full body search and the area within "leaping or lunging destance"
  6. what is the effect of removing the suspect have on the search
    there is no justification once the suspect is removed
  7. what is the scope of the search when the arrest is made in a vehicle
    full body searchsearch of vehicle prior to removal from scene including passenger compartment, glove box and containers, but not the trunk
  8. authorization and restrictions of SIA of containers
    open and closed can be searched is imediatly accessable locked containers need a search warrant
  9. what must you have to seize items in plain view at the time of the arrest
    probable cause certainty
  10. what is the justification for a protective sweep
    for the safety of officers and others
  11. what is the length of time you can justifiably take in conducting a protective sweep
    quick, limited, reasonable and no longer that it takes to dispell any sence of danger
  12. what is the scope of a protective sweep
    may include the entire premises but is limited to places persons can hide
  13. what is required to obtain physical evidence from an arrested suspect
    the forced procedure can't be seen as outrageous or shocking
  14. what 3 other means can evidence be obtained from a suspect other than SIA
    • consent
    • a court order
    • a grand jury sobpoena