Searches and Seizures in Connection With Arrests

Searches and Seizures in Connection With Arrests. (a) Every person making an arrest may take from the person arrested all offensive weapons which the arrested person may have about his or her person and may also search the person arrested and the premises where the arrest is made, so far as the premises are controlled by the person arrested, for the instruments, fruits, and evidences of the criminal offense for which the arrest is made and, if found, seize them. (b) Any property taken or seized shall be promptly delivered to a police officer or an official authorized to issue a warrant, to be disposed of according to law. (c) Except as otherwise required by law, no search warrant is required for the actions authorized by this section. Source: 12 TTC § 101. Commission Comment: The Commission added the introductory clause “[e]xcept as otherwise required by law” to subsection (c). Although this section does not require a search warrant for any actions it authorizes, there may be limitations imposed by court decision applicable in specific fact situations in which a warrant might be required. The codification of former Trust Territory statutes in this division does not attempt to incorporate the effects of constitutional decisions into the language of this or other code sections within the division.