Can you search a locked briefcase incident to an arrest?

The correct response is that a locked briefcase cannot be searched incident to an arrest without a warrant because it is considered to have a greater expectation of privacy than other items that are more easily accessible. When a person is arrested, law enforcement does have the authority to search items within the immediate control of the individual to ensure officer safety and prevent evidence destruction. However, a locked briefcase is not immediately accessible in the same way as, for example, a jacket pocket or an unlocked bag.

This distinction stems from the legal understanding of searches incident to arrest and the associated need for warrants when searching areas or containers that are not readily available or can be secured, such as items that are locked. The rationale behind this is that the individual’s Fourth Amendment rights – which protect against unreasonable searches and seizures – must be respected, and a locked container implies a higher degree of privacy that warrants must typically be obtained to override.

While probable cause might allow for a search of many places, the specifics of the law in relation to locked containers tends to err on the side of requiring a warrant, reflecting a balance between individual privacy rights and law enforcement interests.