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The court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest. The dispute has centered around the scope of the search. As long as the underlying arrest is valid, the police can search the person under arrest for weapons and evidence. California ), is a u.s.
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Legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of. Web search incident to arrest. The court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest. Web searches related to arrests of criminal suspects & legal limits.
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