Officer Smith places Alice under arrest. Officer Smith the searches Alice’s persons including inside her pockets and the purse she is carrying. Officer Smith has Alice empty her pockets and finds methamphetamine in the contents of Alice’s pockets. Officer Smith charges her with the additional charge of possession of narcotics. Alice’s attorney moves to suppress the evidence as the product of an illegal search. Will the suppression motion be successful?

Question

a. Yes, if the search was conducted without probable cause that Alice might be carrying narcotics.
b. Yes, while a search of Alice’s person without a warrant may have been warranted, the extension of the search to the contents of Alice’s pockets exceeded the permissible scope of Terry, making it an illegal search.
c. No, applying the holding in Chimel, the requiring of Alice to empty her pockets following a lawful arrest would be permissible both for officer safety and to prevent the destruction of contraband.
d. No, applying the holding in Chimel, once a person is placed under lawful arrest, the person loses any reasonable expectation of privacy and a search of his or her person is permissible under the Fourth Amendment.

Answer 1

c. No, applying the holding in Chimel, the requiring of Alice to empty her pockets following a lawful arrest would be permissible both for officer safety and to prevent the destruction of contraband.