Which of the following scenarios necessitates conducting a search incident to arrest?

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The correct scenario for conducting a search incident to arrest is when an arrest has been made. This principle allows law enforcement officers to search the person being arrested and the immediate area surrounding them to ensure officer safety, preserve evidence, and prevent the person from accessing any weapons or contraband.

After an arrest occurs, the rationale for the search is based on the need to mitigate potential risks and to maintain the integrity of the investigative process. This is essential for ensuring that any items that could harm the officer or others are secured, and to gather any relevant evidence that might otherwise be destroyed or hidden.

In this context, other scenarios do not present a legal basis for conducting a search incident to arrest. Observing an individual walking down the street does not constitute sufficient grounds for a search, as there is no immediate connection to a crime. Conducting a search during a routine traffic stop without probable cause lacks the necessary legal justification required for a search, as probable cause is a critical threshold. Lastly, searching before issuing a citation does not align with the legal standard for searches and focuses more on minor infractions rather than criminal arrests. Therefore, the only situation that justifies a search incident to arrest is when an arrest has already been made, confirming a lawful authority to

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