Concerning the scope of a search incident to arrest, a police officer may search:
A. only the arrestee.
B. the area within the immediate control of the arrestee.
C. the arrestee and all of his or her personal effects.
D. All of the above
is it B
2. Which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances?
A. There is no time to obtain a warrant.
B. Getting a warrant would be inconvenient and costly.
C. There is a “clear indication” that the search will result in obtaining the evidence sought.
D. The search is conducted in a “reasonable manner.”
is it B
I agree with your first answer, but disagree with your second answer.
is it A
I'm sorry, but I misread the second question. (I hate negative questions!) Your answer of B is correct.
For the first question, concerning the scope of a search incident to arrest, the correct answer is B. The police officer may search the area within the immediate control of the arrestee. This means that they can search the space immediately around the arrestee where they might have access to weapons or evidence that could be easily destroyed.
To arrive at this answer, you can look at the principle established by the Supreme Court in Chimel v. California (1969). According to this case, the police may search the area within the arrestee's immediate control without a warrant. However, this search is limited to the space where the arrestee could potentially reach for weapons or destroy evidence. So, while they can search the arrestee themselves, they are also allowed to search the area within the immediate control of the arrestee.
For the second question, which asks about a recognized reason for a warrantless search based on exigent circumstances, the correct answer is C. There is a "clear indication" that the search will result in obtaining the evidence sought. Exigent circumstances refer to situations where there is an immediate need for action due to factors like the risk of destruction of evidence, harm to others, or the escape of a suspect.
To determine the correct answer, it's important to understand the concept of exigent circumstances. Exigent circumstances provide an exception to the general requirement of obtaining a warrant before conducting a search. However, the justification for a warrantless search based on exigent circumstances typically requires more than just inconvenience or cost. The search must be supported by clear indications that it will result in obtaining the evidence sought, which is why option C is not a recognized reason for a warrantless search based on exigent circumstances.