During custodial arrest of a driver, you may perform a SIA of the vehicle if one of two factors is present. Which option best captures the correct condition?

• A. The arrestee is within reaching distance
• B. You have reason to believe the vehicle contains evidence
• C. Both factors are required
• D. Either factor is sufficient to perform the SIA

Answer: (D)

The rule tested is that a search incident to a driver’s custodial arrest of a vehicle can be conducted if either condition is present, not necessarily both. If the arrestee is within reaching distance of the vehicle, the officer may search the vehicle to retrieve weapons or evidence and to prevent access or destruction. Alternatively, if you have reason to believe the vehicle contains evidence related to the offense, you may search the vehicle even if the arrestee is not within reach. Either factor alone justifies the SIA; both together are not required. This is why the statement that “either factor is sufficient to perform the SIA” best captures the correct condition.