What Is the Justification for the Exception for Searches Incident

question 44

Essay

What is the justification for the exception for searches incident to a lawful arrest? What is the proper scope of such searches?

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Definitions:

Intermediate Scrutiny

A standard of review under which a law must be necessary to achieve a substantial, or important, government interest and must be narrowly tailored to that interest.

Gender-based Classification

the categorization or differentiation of individuals based on their gender, which can raise legal issues particularly when it leads to discrimination.

Rational Basis

A standard of judicial review that requires a law to have a reasonable connection to a legitimate government objective to be upheld as constitutional.

Checks and Balances

Checks and balances is a system in which the different branches of government have powers that can influence and limit the powers of the other branches to prevent any single branch from becoming too powerful.