DQ-6_Wk-11
11/3/23
1.
My ruling would be that law enforcement officers can search a person incident to an
arrest, and this may include searching the area within the arrestee's immediate control
to ensure officer safety or prevent the destruction of evidence. This concept is known as
the "search incident to arrest" exception. However, the scope of this exception can vary
depending on the circumstances.
2.
My ruling and reasoning in a case involving the constitutionality of a search incident to
an arrest in a car will depend on the specific circumstances and the application of
relevant legal principles. If the court determines that the search was unjustified or
exceeded the scope allowed under the Fourth Amendment, the evidence may be
suppressed, potentially affecting the outcome of the case. Legal arguments and the
specific facts of the case play a crucial role in such determinations.
