Under the search incident to arrest doctrine, which statement correctly describes its prerequisites and scope?

• A. The search may occur only with a warrant
• B. The arrestee must be lawfully arrested
• C. The arrestee’s clothing and personal items are excluded from search
• D. The search is for weapon or preserve evidence related to arrested crime

Answer: (B)

A search incident to arrest is allowed without a warrant only when the arrestee has been lawfully arrested. That lawful arrest is the prerequisite for the whole exception to apply. Once the arrest is lawful, officers may search the arrestee and the area within the arrestee’s immediate control at the time of arrest to protect officer safety and to prevent destruction of evidence. This makes the statement that the arrestee must be lawfully arrested the best description of the doctrine’s prerequisites and scope.

The other points are off: requiring a warrant is incorrect because the search incident to arrest operates without one; clothing and personal items within reach can be searched, not excluded; and while searches can uncover weapons or evidence, describing the scope as limited to “weapon or preserve evidence related to arrested crime” is too narrow and doesn’t capture the prerequisite of a lawful arrest.