Which term refers to a search conducted without a warrant to locate weapons or evidence at the time of a lawful custodial arrest?

Which term refers to a search conducted without a warrant to locate weapons or evidence at the time of a lawful custodial arrest?

• A. Plain view
• B. Search incident to a lawful arrest
• C. Caretaker function
• D. Inventory search

Answer: (B)

When a person is lawfully arrested, officers may conduct a warrantless search of the arrestee and the area within the arrestee’s immediate control to protect officer safety and prevent destruction of evidence. This specific exception to the warrant requirement is called a search incident to a lawful arrest. The search is tied to the arrest and limited to what’s reasonably necessary for safety and evidence preservation, which is why it’s allowed without a warrant.

Plain view involves items seen in plain sight during a lawful encounter but isn’t a proactive search of the arrestee at the time of arrest. The caretaker function covers routine checks to safeguard or manage a detainee’s property, not a targeted search for weapons or evidence during the arrest. Inventory searches occur after booking to list a detainee’s belongings, not to locate weapons at the moment of arrest.