Under the wingspan rule, which item is included in the arrestee's immediate control?

Under the wingspan rule, which item is included in the arrestee's immediate control?

• A. The arrestee's bank account
• B. The arrestee's underwear
• C. The arrestee's container in their immediate control
• D. The entire car

Answer: (C)

Under the wingspan rule, the scope of a search incident to arrest covers only what the arrestee could reach or control at the moment of arrest. That includes the arrestee themselves and anything they are carrying or can instantly access—essentially, items within their immediate reach. A container that the arrestee is holding or that is within arm’s reach falls squarely into that category, because it could conceal weapons or evidence and is immediately controllable by the arrestee. In contrast, a bank account is not a physical object at the scene, so it isn’t within the arrestee’s immediate control. The arrestee’s underwear is clothing worn by the arrestee and, while clothing can be searched, it’s not a separate container within reach in the sense the question emphasizes. The entire car goes beyond the arrestee’s immediate reach unless special circumstances put parts of the car within reach; the wingspan rule generally does not authorize a blanket vehicle-wide search. So the item that fits the immediate control concept is the container within the arrestee’s reach.

Under the wingspan rule, the scope of a search incident to arrest covers only what the arrestee could reach or control at the moment of arrest. That includes the arrestee themselves and anything they are carrying or can instantly access—essentially, items within their immediate reach. A container that the arrestee is holding or that is within arm’s reach falls squarely into that category, because it could conceal weapons or evidence and is immediately controllable by the arrestee.

In contrast, a bank account is not a physical object at the scene, so it isn’t within the arrestee’s immediate control. The arrestee’s underwear is clothing worn by the arrestee and, while clothing can be searched, it’s not a separate container within reach in the sense the question emphasizes. The entire car goes beyond the arrestee’s immediate reach unless special circumstances put parts of the car within reach; the wingspan rule generally does not authorize a blanket vehicle-wide search.

So the item that fits the immediate control concept is the container within the arrestee’s reach.