After officers have made a custodial arrest of a motor vehicle occupant – including searching the arrestee’s person – and have secured the arrestee in handcuffs in a patrol car, and while the vehicle is still at the scene of the arrest, officers may not automatically search the vehicle. A vehicle search may only be conducted if it is pursuant to a search warrant or justified under an exception to the search warrant requirement.
v Non-arrested Occupants of the Vehicle
Even if there is a lawful custodial arrest of one of the occupants of the vehicle, the officer may not search the possessions of any non-arrested occupants if the officer knows the items belong to non-arrested occupants, unless there is an independent, objective, and articulable basis that a non-arrested occupant is dangerous.
v Impound inventory
Refer to 22.00.160.