What must be present for a search to qualify as incident to arrest?

For a search to qualify as incident to arrest, probable cause must be established. This means that law enforcement must have reasonable grounds to believe that a crime has been committed and that the individual being arrested is involved in that crime. The rationale behind this requirement is to ensure that the search is justified and not arbitrary.

When an arrest occurs, officers are permitted to conduct a search of the individual and the immediate area within their control to find evidence, weapons, or contraband that could be used against them or that could be accessed to destroy evidence. The requirement for probable cause ensures that officers are acting on factual information and not on a whim or random choice, thereby upholding the Fourth Amendment rights against unreasonable searches and seizures.

The other potential answers do not meet the legal threshold necessary for the search to be lawful. Written permission from a supervisor is not typically required following an arrest, nor is reasonable suspicion alone sufficient to justify a search. Witness testimonies can support an investigation but are not necessary for the immediate search that follows an arrest.