MBE Rules · Criminal Procedure
Warrant exception — search incident to arrest
Chimel / Gant
The rule
On a lawful custodial arrest, police may search the arrestee's person and area within immediate control (wingspan, Chimel). For vehicles (Gant), only if (1) arrestee unsecured and within reaching distance OR (2) reasonable to believe evidence of the offense of arrest is in the vehicle. Cell phones require a warrant (Riley).
In plain English
When someone is arrested, police can search them and nearby areas they could reach. For cars, they can search if the person can still reach inside or if they think they'll find evidence related to the arrest.
Worked example
Officer A arrests the defendant for theft while the defendant is standing next to their car. The officer can search the car if the defendant isn't secured and could grab something or if they think the stolen goods are inside.
Memory hook
ARREST = wingspan + wheels. Wingspan for people, wheels for cars (Gant limits).
The trap
Students think: any arrest means full car search. Wrong, because Gant restricts it to unsecured arrestees or evidence relevance. Cars need specific conditions.
How examiners test it
The MBE loves: suspect arrested near vehicle. Trap: assuming search is always okay. Key: check if suspect is unsecured or if evidence related to arrest might be in car.
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