o Already have probably cause, must be in good faith (must only arrest to achieve a legitimate law to search)enforcement goal and NOT be an excuse to search- ex: arrest instead of summons as an excuse to search
o THREE Es: Prevent them from getting items that will facilitate escape, endanger you, your partner, or the public, and to prevent the concealment/destruction of evidence
o AUTOMATIC FOR EVERY ARREST: Search as soon as possible after arrest, head to toe, anything on them (ex: wallet, cigarette case, pill box)
Not conducted hours afterwards-11 hours later while in police custody was deemed constitutional, but not an absolute rule. Must articulate need.
Always search head to toe
Unlocked Containers Being Carried or Within the Lunge-able Area
Reasonable belief (between probable cause/reasonable suspicion)
To search a bag, must show a connection to the three Es
Container must have been in control of suspect and accessible at time of arrest Unlocked or locked with keys present
Can search additional rooms if believes more than one suspect is present which presents a danger to the officer-NOT to look for evidence.
Search of an automobile incident to a lawful arrest:
Reasonable belief that one of the three Es exist
Can only look in the grab-able area (trunk is NO GOOD)
Portable containers in a vehicle require the same standard