PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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Police lawfully arrest a driver for a traffic offense and, incident to the arrest, search the passenger compartment of the vehicle. Under Arizona v. Gant, when is a vehicle search incident to arrest permissible?

Always, whenever an occupant is arrested Only when the arrestee is within reaching distance of the passenger compartment or it is reasonable to believe evidence of the offense of arrest is in the vehicle Only with a warrant Never, because vehicles require probable cause plus exigency

Correct Answer:

Only when the arrestee is within reaching distance of the passenger compartment or it is reasonable to believe evidence of the offense of arrest is in the vehicle

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