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Source Exigent Circumstances Complete Criminal Procedure List Matched to this deck.

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0 tracked cards Criminal Law and Procedure

An officer lawfully arrested a driver for driving with a suspended license, handcuffed him, and locked him in the back of a patrol car. The officer then searched the passenger compartment of the driver's car and found a packet of cocaine under the front seat. The officer had no reason to believe evidence of the license offense was in the car.
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The vehicle search is not justified as a search incident to arrest if the driver was secured and officers had no reasonable basis to believe evidence of the license offense was in the car. The vehicle search is valid because the Fourth Amendment does not apply to automobiles. The vehicle search is valid as a search incident to arrest after every custodial arrest of a recent vehicle occupant. The vehicle search is valid because driving with a suspended license always creates probable cause to search for drugs.

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