Question

Which of the following is one of the exceptions to the general rule that searches must be conducted pursuant to a warrant

The exception applies after any constitutional arrest.

The police may conduct a search incident to arrest after any constitutional arrest.

A warrantless search can be conducted following an arrest that violates state law. The police may conduct a search incident to an arrest whenever they arrest a person, even if the arrest is invalid under state law, as long as the arrest was constitutionally valid (e.g., reasonable and based on probable cause).

It is not necessary that the police fear for their safety for a warrantless search to be conducted following an arrest. The police need not actually fear for their safety or believe that they will find evidence of a crime as long as the suspect is placed under arrest.

It is not true that the exception applies only in the case of felony arrests. As discussed above, the exception applies after any lawful arrest.

Answer 1

The police may conduct a search incident to arrest after any constitutional arrest.

Answer: Option B

Step-by-step explanation:

There are majorly six exceptions to the warrant requirements. The first one is the search incident to lawful arrest. The police can conduct a search incident after a lawful arrest has been made.

For this the police does not require the issuance of any warrant. The police can search the person and the area that is surrounding the person or the area which is within the wingspan of the person whose arrest is to be made by the police.