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So the question that usually comes up in court and shapes the various decisions by the courts over the years is if the search was unreasonable. The exceptions to a search without a warrant are various. They alone have set precedents on searching and seizing property.

One of the numerous exceptions is search incident to arrest...

There is a need for officer safety and the preservation of evidence. The courts have long upheld the need to officers to search persons after their arrest. The main consideration is if the arrest was valid. The arrest of a person could be made with a warrant or warrentless if probable cause existed. The search of the area immediately in their control is permissible and does not violate their fourth amendment rights...

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