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According to the case, can an officer search a vehicle incident to an arrest if the arrestee has been removed from the car and secured elsewhere?

1) True
2) False

User Linclark
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1 Answer

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Final answer:

An officer cannot typically search a vehicle incident to an arrest if the arrestee has been removed and secured elsewhere, as established by Supreme Court cases such as Arizona v. Gant, unless other specific exceptions apply.

Step-by-step explanation:

According to case law, the answer to whether an officer can search a vehicle incident to an arrest if the arrestee has been removed from the car and secured elsewhere is generally false. The Supreme Court has established in cases such as Chimel v. California that once the arrestee is no longer in a position to access the vehicle or destroy evidence, there typically isn't a justification for the police to search the vehicle without a warrant. This concept was further clarified in Arizona v. Gant, where the Court ruled that police may only search a vehicle incident to a recent occupant's arrest if it is reasonable to believe that evidence relevant to the crime of arrest might be found in the vehicle.

The requirement of probable cause is necessary for a warrant to be issued, and warrantless searches are generally not permissible outside of specific exceptions. One of these exceptions is if the arrestee is unsecured and within reaching distance of the passenger compartment at the time of search, which might provide an officer with the justification to search under exigent circumstances.

User Macou
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