What is the proper scope for a search incident to arrest

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What is the proper scope for a search incident to arrest?

So these two officers arrived at Bobby Sheen's house with a valid warrant for his ARREST. The officers were informed by a neighbor that 2 of Sheen's accomplices were in the house with him. The officers knocked on the door, announced their presence and then entered the house. They encountered Sheen as he was descending the stairs. He was placed under arrest and immediately after that, one of the officers went upstairs and found drug paraphernalia on a nightstand. May this evidence be lawfully seized? What if the drug paraphernalia had been found in a drawer instead?

Think about this carefully and make sure to support your answer with the court cases discussed in the book... you don't want your name to appear in one of these in a few years when you make a mistake, do you?

Reference no: EM131650094

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