Can a search incident to an arrest be justified?

In United States v. Ricard , 563 F.2d 45 (2d Cir. 1977), we squarely addressed whether a search incident to an arrest can be justified where an officer did not intend to make an arrest prior to conducting the search, see id . at 48. The officer there did not initially intend to arrest a driver stopped for speeding, but after a search of a small tinfoil packet revealed cocaine, the officer made an arrest. Id . at 4849. We held that the search was lawful because the officer had probable cause to arrest the defendant for speeding, regardless of

[854 F.3d 206]