Searches incident to a lawful arrest

Searches incident to a lawful arrest are a long-recognized exception to the requirement of a search warrant in most cases to perform a lawful search. This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.

In the case of Arizona v. Gant, the Supreme Court ruled a further exemption in that the police can search a car following arrest only if they could have a reasonable suspicion that the person arrested "could have accessed his car at the time of the search" or "that evidence of the offense for which he was arrested might have been found therein."