What does the requirement of being “currently accessible” in a search incident to arrest imply?

The requirement of being “currently accessible” in the context of a search incident to arrest means that the officer must search for items in locations where the suspect can immediately access them at the time of the arrest. This principle is rooted in ensuring that officers can prevent the suspect from accessing weapons or evidence that could be used to escape or destroy relevant information.

The rationale behind this requirement is tied to the safety of law enforcement officers and the integrity of the investigation. When a suspect is within reach of certain areas or items, there is a potential risk that they could pose a threat or tamper with evidence if not searched promptly.

This criterion does not imply ownership of the area being searched, nor does it confine the search to a police station, as such factors are not central to the immediacy and risk posed at the time of arrest. Additionally, the requirement does not necessitate that officers be physically within arm's reach of the suspect, but rather that the search focuses on areas that are within reach when considering the circumstances of the arrest. Thus, the definition emphasizes immediate accessibility rather than physical proximity to the suspect.