When may an officer search a person incident to a lawful arrest without a warrant?

• A. When there is a reasonable belief the person may possess evidence or weapons; the search is limited to items within reach.
• B. Whenever the officer suspects the person has any property.
• C. Only if the person consents to the search.
• D. If the suspect is in a public place.

Answer: (A)

A search incident to a lawful arrest allows the officer to search the arrestee and the immediate area under the arrestee’s control to find weapons and to prevent destruction of evidence, all without a warrant. The key is that the search is tied to the arrest and limited to items within the arrestee’s immediate reach at the time of the arrest. That’s why this option is the best: it states there must be a reasonable belief the person may possess weapons or evidence, and it confines the search to things within reach.

The other ideas don’t fit this rule. A search isn’t automatic for any property the officer suspects someone has; consent is not required for a search incident to arrest (consent is a separate basis for a search); and being in a public place alone doesn’t justify a SITA search without an actual lawful arrest and the limited scope that follows.