You arrest a man in a car based on an outstanding arrest warrant for armed robbery. As incident to the arrest, you may search only the arrestee's clothing and any packages he has in his hands as he exits the car.

• A. True
• B. False
• C. True only if the arrestee was handcuffed
• D. True only if the car is within reach from the arrestee

Answer: (A)

The key idea is the scope of a search incident to a lawful arrest. When an arrest is made, officers may search the arrestee and the area within his immediate control to ensure safety and prevent the destruction of evidence. If the arrestee is exiting a car, what’s within his immediate control at that moment includes the clothing he is wearing and any items he is actively carrying, such as packages in his hands. So searching those items is permitted as part of the arrest process. The rule doesn’t require the arrestee to be handcuffed, and it doesn’t authorize a broad rummage of the car or areas not within the arrestee’s immediate control.