WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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A police officer lawfully arrests a driver for reckless driving and, incident to the arrest, searches the passenger compartment of the car. The driver is handcuffed in the patrol car and cannot reach the vehicle. Under Arizona v. Gant, when is the search incident to arrest of the vehicle permissible?

Always, because any lawful arrest justifies a full vehicle search Never, because vehicle searches always require a warrant Only when the arrestee is unsecured and within reaching distance, or it is reasonable to believe the vehicle contains evidence of the offense of arrest Only if the officer obtains the driver's consent

Correct Answer:

Only when the arrestee is unsecured and within reaching distance, or it is reasonable to believe the vehicle contains evidence of the offense of arrest

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