Which of the following allows for a legal search?

A. The officer has arrested the person in the past.
B. An officer conducts a search of a motorist for a driving infraction.
C. An officer stops a suspicious person.
D. The search is incidental to a lawful arrest.



Answer :

Final answer:

A legal search can be conducted if it is incidental to a lawful arrest, based on reasonable suspicion established in Terry v. Ohio (1968), or with probable cause for obtaining a search warrant.


Explanation:

A legal search can be conducted if it is incidental to a lawful arrest. When an officer makes a lawful arrest, they have the authority to search the individual and the immediate surroundings for evidence related to the arrest. This type of search is allowed without a warrant due to the exigent circumstances of an arrest.

In Terry v. Ohio (1968), the Supreme Court established that police can conduct a stop and frisk based on reasonable suspicion that the person has committed or is about to commit a crime. This standard allows police to search individuals under specific conditions without a warrant.

Moreover, probable cause is required for obtaining a warrant to conduct a search. Probable cause is the legal basis that indicates a reasonable belief that a crime has been committed or evidence related to a crime can be found in the place to be searched.


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