Q: Is a search incident to arrest valid if the arrestee is placed into handcuffs, and is no longer in control of anything ?
If a person is arrested and placed into handcuffs, and the officer takes possession of a purse or bag that was in control of the arrestee at the time of arrest is a search incident to arrest Valid if the officer does not have the interest of officer safety, prevention of escape, and prevention of evidence?
Does the interest of officer safety, prevention of escape, and prevention of evidence need to be present rather than the officer conducting a search of a purse or bag solely because the person was arrested on a lawful arrest?
Is the arrest alone the only reason needed to search bags and purses of a person arrested without the interest of officer safety, prevention of escape, and prevention of evidence.
A: Law enforcement may place you in custody before searching. That said, it sounds like you have talking about a specific incident and in order to best explore whether or not there are any 4th amendment/search and seizure issues, you really need to consult with a criminal defense lawyer in your area. If you (or someone you know) was arrested based on this search, then get an attorney sooner than later.
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