Officer Martin obtains an arrest warrant for Sam Jones. He finds Sam at home and promptly arrests him. Officer Martin does not have a search warrant but decides to conduct a search incident to arrest.

Where is Officer Martin legally able to search?

A) Officer Martin may only search the area which is in Sam's the arrestee's immediate control.

B) Officer Martin may search the house in which the arrest occurred.

C) Officer Martin may only search Sam himself.

D) Officer Martin may not conduct a search without a valid search warrant.

If the suspect is legally arrested, the police may search the suspect and the area in the immediate control and the entire place where the suspect was found during an arrest. No warrant is required to search the evidences. Also, the area must be legally seized so as to observed it again so that potential evidences can also be found after arrest.

The officer Martin who obtains an arrest warrant for Sam can conduct a search in Martin house without the search warrant. This is because the suspect is expected to have the tangible or destroyed evidences related to the case may be hidden in the Martin house.

Martebi Martebi · Answer 2 · 2021-09-27T12:44:02+02:00

Officer Martin legally able to search only the area which is in Sam's the arrestee's immediate control.

For better understanding, lets explain why the answer above

In making an arrest by officers, it is to know that warrant has its advantages and disadvantages. Arresting someone is different from a stop and search warrant. To be able to check Sam premises, the officer should be able to obtain permit for it. He cannot check the full residence without a signed check warrant
One of the advantages is that Officers does not have to worry about establishing probable cause that is the strong.
The disadvantage of arrest with warrant the absence of probable cause in a warrant must be stated by the defendant through a very convincing evidence that is a very difficult level of proof for the defendant to state.

From the above, we can therefore say that the answer Officer Martin legally able to search only the area which is in Sam's the arrestee's immediate control, is correct

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