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Preferred term

incident-to-arrest exception  

Definition

  • A limited search conducted incidental to (as a result or consequence of) a lawful arrest is permitted under the Fourth Amendment and thus acceptable within the bounds of constitutional police conduct. This type of search is an exception to the exclusionary rule, which prohibits the use of any unlawfully or illegally obtained evidence in court. [Source: Encyclopedia of the Fourth Amendment; Incident-to-Arrest Exception]

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URI

https://concepts.sagepub.com/social-science/concept/incident-to-arrest_exception

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