The basic rule about searches incident to lawful arrest is
that the arresting officer may, without a search warrant, search the person being
arrested and the area within that person's immediate vicinity. The point of this
exception to the requirement for a search warrant is to protect the police and to
prevent the destruction of evidence.
The rule is meant to
allow the police to search the area that an arrestee can reach. Police, it is ruled,
should have the ability to search this area so that they can ensure that the suspect
cannot obtain a weapon or something that might be used to escape custody. In addition,
the rule is meant to allow the police to ensure that the arrestee cannot destroy any
evidence that might be within his or her reach.
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