What is not permissible during a warrantless search incident to arrest?

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During a warrantless search incident to an arrest, law enforcement officers are permitted to conduct searches primarily to ensure their safety and to preserve evidence. This type of search is limited in scope and generally focuses on the area within the arrestee's immediate control, where weapons or hidden, potentially dangerous items might be found.

Searching for weapons and searching for evidence related to the crime have a direct rationale tied to officer safety and the need to prevent the destruction of evidence. Similarly, searching for contraband directly relates to the criminal activity that led to the arrest. However, searching unrelated personal documents does not fit within the justifications for a limited search incident to arrest. Such searches may exceed the scope allowed by the Fourth Amendment, which protects against unreasonable searches and seizures.

Therefore, engaging in a search for documents that do not have a clear connection to the arrest or the crime at hand does not uphold the specific justifications for conducting searches in this context, making it impermissible.

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