Legal Definitions - search incident to arrest

Definition: A search conducted by a law enforcement officer of a person's body, property, or other area that the person would reasonably expect to be private, for the purpose of finding evidence of a crime. This type of search is conducted after an arrest has been made.

Example: After arresting a suspect for drug possession, a police officer searches the suspect's pockets and backpack for any additional drugs or drug paraphernalia. This search is considered a search incident to arrest.

This type of search is allowed under the Fourth Amendment, which prohibits unreasonable searches and seizures. However, the search must be conducted with probable cause and must be limited to the area within the suspect's immediate control, in order to protect the safety of the arresting officer and to preserve evidence.