In a search incident to arrest, what can an officer search?

In a search incident to arrest, an officer is permitted to search the person being arrested as well as the immediate area within their control. This includes any items that the arrested individual could potentially access or use to conceal weapons or evidence. The rationale behind this type of search is to ensure officer safety by preventing the individual from accessing harmful items and to gather evidence that may be relevant to the crime for which the person is being arrested.

The scope of the search is limited to the immediate area around the person at the time of arrest, which is often defined as the area within a wingspan or reach. This does not extend to locations that are outside the immediate control of the arrestee, which means searches of entire premises or vehicles would typically require a warrant or another legal standard, such as probable cause. Therefore, while officers can inspect the arrested individual and their immediate surroundings, broader searches require different legal justifications.