Definitions

Lawful Arrest

An arrest supported by probable cause or a valid warrant.

Search Incident to Arrest (SIA)

A warrantless search permitted contemporaneously with a lawful custodial arrest, limited in scope to the person of the arrestee and the area within the arrestee's immediate control.

Wingspan

The area from which the arrestee might gain possession of a weapon or destructible evidence — the area within immediate control at the time of arrest (Chimel v. California, 395 U.S. 752 (1969)).

Purpose

To ensure searches incident to arrest are conducted within constitutional limits and to provide officers a clear framework for what may be searched, when, and how.

Scope

Applies to all sworn members making custodial arrests. Does not apply to searches pursuant to consent, search warrant, vehicle inventory, or other independent legal authority.

Constitutional Framework

• Chimel v. California (1969) — SIA is limited to the arrestee's person and area within immediate control.
• United States v. Robinson (1973) — full search of the person incident to a lawful custodial arrest does not require additional justification.
• Arizona v. Gant (2009) — vehicle search incident to arrest is limited to the passenger compartment only when the arrestee is unsecured and within reaching distance, or when it is reasonable to believe evidence relevant to the crime of arrest may be found.
• Riley v. California (2014) — search of digital information on cell phones requires a warrant absent exigent circumstances.

Search of the Person

• Conducted contemporaneously with the arrest.
• Includes a thorough search of clothing and items immediately associated with the arrestee (purses, backpacks worn or carried).
• Same-sex search whenever feasible; in non-feasible circumstances, document the circumstance.
• Closed containers carried on the person may be searched.
• Items removed are inventoried at the time of booking per booking procedures.

Search of Wingspan

• Limited to the area within the arrestee's immediate control at the time of arrest.
• Once the arrestee is secured and removed from an area, that area is no longer within wingspan for SIA purposes — additional authority required.
• Officers articulate in their report the spatial relationship between arrestee and search area at the time of search.

Vehicle Search Incident to Arrest

Vehicle SIA is governed by Gant. Officers shall not conduct a vehicle SIA unless:

1. The arrestee is unsecured and within reaching distance of the passenger compartment at the time of search; or
2. It is reasonable to believe evidence of the crime of arrest may be found in the vehicle.
3. If neither prong applies, officers must rely on a separate authority — consent, warrant, inventory pursuant to lawful impound, automobile exception with probable cause, or exigent circumstances.

Cell Phones and Digital Devices

• Per Riley, search of the digital contents of a cell phone or similar device incident to arrest is generally prohibited.
• Officers shall secure the device and obtain a warrant before searching contents.
• Limited examination to confirm a device is what it appears (verify ownership, prevent destruction) is permissible — no content review.
• Exigent circumstances (imminent destruction of evidence, immediate threat) may permit limited search, but these require specific articulation and supervisor consultation where time permits.

Other Containers and Areas

• Containers within the arrestee's wingspan may be searched if accessible at the time of arrest.
• Locked containers within wingspan generally not searched under SIA absent specific authority; secured and inventoried pending warrant or other authority.
• Premises beyond wingspan — protective sweep doctrine applies separately and is limited (Maryland v. Buie, 494 U.S. 325 (1990)).

Inventory at Booking

Inventory of items removed from the arrestee at booking is governed by the Booking Inventory policy. Inventory is conducted per a standardized inventory protocol; it does not authorize investigatory search.

Documentation

• Officer documents the lawful basis of the arrest.
• Officer documents the scope and location of the SIA search.
• Items found and their relationship to the crime of arrest or to officer safety.
• BWC video of the search.
• If a vehicle SIA is conducted, the Gant rationale is specifically articulated.

Supervisor Review

Supervisors review searches conducted in connection with arrests through report review and BWC audit. Patterns suggesting overreach or under-reporting are addressed through coaching, training, and where warranted, investigation.

Training

• Initial training in Fourth Amendment doctrine at academy.
• Annual refresher with case-law update.
• Scenario-based training on vehicle SIA / Gant application.
• Cell-phone search guidance updated as case law evolves.

Suppression and Discipline

• Searches that exceed lawful authority result in evidence suppression.
• Repeated unlawful searches are addressed through agency discipline.
• Officers acting in good faith pursuant to clear training and supervisory direction are supported in any judicial review of search authority.

References

• Chimel v. California395 U.S. 752 (1969)
• United States v. Robinson414 U.S. 218 (1973)
• Arizona v. Gant556 U.S. 332 (2009)
• Riley v. California573 U.S. 373 (2014)
• Maryland v. Buie494 U.S. 325 (1990)
• IACP Model Policy on Search and Seizureiacp.org
• State Statute on Search and Seizure[INSERT STATE]

Adapt this template

Before this template becomes your department's policy, review the following items and adjust accordingly. Anything else that does not match your operation should be updated as well.

• DRAFT — Requires legal review and SME sign-off before publication or adoption.
• Reconcile cell-phone exigency examples with the most recent jurisdictional case law.
• Identify the agency Booking Inventory policy.
• Cross-reference Use of Force, Custodial Interrogation, and Evidence Handling policies.