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Search Incident to Arrest
Search Incident to arrest is a warrantless search that an officer performs on a person or his surroundings during or immediately after his arrest.
The officer may do the search for the following reasons:
a)To locate and seize weapons and thereby to prevent any attack on the officer
b)To locate and seize any evidence that the person may try and conceal or destroy
However, there must be probable cause for the officer to arrest the suspect and the search must be contemporaneous with this. If the officer does not have probable cause for and arrest and does a search anyway, the evidence may be suppressed.
Searches that are pursuant to investigative stop are searches that are done when suspicion arises and there is probable cause to think someone is hiding something during a traffic stop.
Searches pursuant to investigative stop are searches that:
a)Take place when probable cause is established after a person is stopped for a violation
b)As long as that is established within the time of the traffic stop in a reasonable time period, it is legal for the officer to do a search of the person and/or their vehicle.
However probable cause is required in order for the search to be legal. Otherwise, the evidence cannot be used in court.
Posted by: J. Michael Threadgill on 2/23/2008
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| Located in Fort Bend, Texas, J. Michael Threadgill represents clients in a range of criminal defense and family law matters. The firm proudly serves Texas cities including Houston, Pasadena, Beaumont, Sugar Land, Baytown, League City, Missouri City, Friendswood, Webster, Texas City, Alvin, Angleton, Pearland, Richmond, Galveston, Conroe, The Woodlands, Rosenberg, Katy, Pasadena, La Porte, Morton, and Deer Park, as well as the counties of Harris, Galveston, Fort Bend, Brazoria, Montgomery, Victoria, Chambers, Colorado, Liberty, and Jefferson.
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Law Office of J. Michael Threadgill
14090 Southwest Freeway, Suite 300 #139
Sugar Land, TX 77478
Tel: 713-425-4958
Fax: (281)499-3811
mthreadgill@threadgill-law.com
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