Under what circumstances may a vehicle be searched incident to the arrest of vehicle occupant?

What parts of the vehicle may be searched? What is the permissible intensity of the search?


Police may search a vehicle incident to an occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it's reasonable to believe the vehicle contains evidence related to the offense of arrest.

If police have probable cause that a car has contraband or evidence of a crime, they may search parts and containers of the car where they may discover that evidence.

Thoroughness of the search activity that is permitted. Depending on the grounds for search authority, the permissible intensity can vary from a cursory inspection to a microscope examination. The intensity of a search may be no greater than necessary to discover the items for which police have search authority.

Criminal Justice

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