Can a search incident to arrest be considered reasonable?
"New York", United States of America
The following excerpt is from People v. Montgomery, 128 Misc.2d 463, 489 N.Y.S.2d 975 (N.Y. City Ct. 1985):
This decision clearly holds that a search incident to arrest will be considered reasonable only if exigent circumstances existed at the time of the arrest. Exigent circumstances are defined as reasonable belief that the suspect may gain access to a weapon or be able to destroy evidence. (People v. Gokey, supra; People v. Smith, supra.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest? (MultiRegion, United States of America)
Can a warrantless search that precedes an arrest fall within the search-incident-to-arrest exception? (MultiRegion, United States of America)
Does a search prior to arrest constitute a search incident to arrest? ("New York", United States of America)
Does a search incident to arrest constitute a search without a warrant? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
Can a court grant immunity from liability for search and seizure damages to a police officer who reasonably but mistakenly believed that he had reasonable cause or probable cause to search? (MultiRegion, United States of America)
Does a search warrant need to be issued to search a container that is not incident to an arrest? (MultiRegion, United States of America)
What is probable cause for a warrantless arrest and search incident to that arrest? (MultiRegion, United States of America)
What is the test for a warrantless sweep search pursuant to the search incident to arrest doctrine? (MultiRegion, United States of America)
Is a search of a car by a search warrant justified as a protective sweep incident to a lawful arrest? (MultiRegion, United States of America)
