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Search Incident to Arrest 3-5-2026

Search Incident to Arrest 3-5-2026

The Search & Seizure Show · Anthony Bandiero

March 6, 202657m 48s

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Show Notes

Can you search a backpack after you've already handcuffed someone? What about a closet down the hall? Where does your authority to search actually end after an arrest?

In this webinar, attorney and former law enforcement officer Anthony Bandiero breaks down the law on Search Incident to Arrest (SITA) — one of the most commonly used and most frequently misunderstood exceptions to the warrant requirement.

Topics covered include:

  • The Chimel rule and the three requirements for a lawful SITA
  • The "immediate control" debate: does it matter at the time of arrest or the time of search?
  • Protective sweeps — what you can search automatically, what requires reasonable suspicion, and what's off-limits
  • Why Riley v. California means your phone search authority is essentially gone
  • The truth about pretext searches and when courts will (and won't) uphold them
  • How Arizona v. Gantt changed vehicle searches forever

Whether you're on patrol, in investigations, or just trying to stay sharp on Fourth Amendment law, this is the case law knowledge you need to make good arrests and keep evidence admissible.