What is the scope of the search of items that may be the object of a search in a lawful arrest?

California, United States of America


The following excerpt is from People v. Superior Court, 3 Cal.3d 807, 45 A.L.R.3d 559, 478 P.2d 449, 91 Cal.Rptr. 729 (Cal. 1970):

The third category of articles which may be the object of a search incident to a lawful arrest is weapons: 'When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his [3 Cal.3d 829] escape. Otherwise, the officer's safety might well be endangered, and the arrest itself frustrated.' (Chimel v. California (1969) supra, 395 U.S. 752, 762--763, 89 S.Ct. 2034, 2040, 23 L.Ed.2d 685.)

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