Scott v. State

This case presents questions as to the admissibility of evidence seized substantially contemporaneously with the arrest of the appellant in premises occupied by him. 1

THE LAW

The police have the right to conduct a contemporaneous search of the arrestee’s person for weapons, fruits or instrumentalities of the crime, or “mere” evidence, incident to a lawful arrest. See Terry v. State of Ohio, 892 U. S. 1, 25. Such a search is reasonable in order to remove any weapons that the arrestee might seek to use in order to resist arrest or eifect his escape and to secure any evidence in order to prevent…