A search incident to arrest is permissible under which condition, and what is its scope?

• A. When a lawful arrest has occurred; search is limited to arrestee and area within immediate control to find weapons or evidence
• B. Only with a warrant; entire house
• C. For any reason; any person nearby
• D. When the officer feels like it; any belongings

Answer: (B)

A search incident to arrest is allowed only when the arrest is lawful, and the scope is limited to the arrestee and the area within their immediate control to locate weapons or evidence and to protect the officer’s safety. This rule is an exception to the general warrant requirement, not a blanket permission to search a whole home or unrelated belongings. If the arrest occurs in a residence, a broader search typically requires a warrant or another valid exception; the search under this rule stays tightly focused on the person arrested and the spaces they can reach. So the correct concept is that a lawful arrest permits a limited search of the arrestee and the area within immediate control to find weapons or evidence.