What is the test for a warrantless sweep search pursuant to the search incident to arrest doctrine?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wiga, 662 F.2d 1325 (9th Cir. 1981):
3 This determination does not contradict our disposition in this case that the agents' actions constituted a valid warrantless sweep search incident to the lawful arrest of an occupant of a motor vehicle. The search incident to arrest doctrine is founded on the notion that "the lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have." New York v. Belton, --- U.S. ----, ----, 101 S.Ct. 2860, 2864, 69 L.Ed.2d 768, 775 (1981).
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