Search of an arrestee
414 U.S. 218 (1973)
NationwideU.S. Supreme Court
Quick Rule
A lawful custodial arrest permits a full search of the arrestee's person incident to arrest.
Field Reminder
Establish lawful custodial-arrest authority. Do not confuse this search with a Terry frisk.
Important Limits
This rule does not automatically authorize searching phone data (Riley) or a vehicle (Gant). A citation alone is not a custodial arrest.
Sources
Court opinion · Cornell LII (opens in a new tab)Court opinion · Cornell LII (opens in a new tab)Court opinion · Cornell LII (opens in a new tab)
Opinion sources reviewed October 4, 2026. Editorial summaries; not a comprehensive review of later decisions or Florida-specific requirements. Follow agency policy, certified training, and State Attorney guidance.