When should a search incident to arrest be conducted according to Coast Guard policy?

A search incident to arrest should be conducted concurrently with the lawful arrest according to Coast Guard policy. This is based on the legal principle that such a search is justified at the moment of arrest to ensure officer safety, preserve evidence, and prevent the arrestee from accessing potentially harmful items or evidence that could be destroyed. Performing the search at this time allows law enforcement personnel to manage any risks associated with the arrest effectively.

Conducting a search simultaneously with the arrest also adheres to the guidelines set forth in case law, which supports the necessity of searching a suspect to ensure the safety of the officers involved and the integrity of the ongoing investigation. Timing is crucial, as conducting the search before or after the arrest could lead to complications regarding the legality and effectiveness of the search, such as issues with probable cause or the suspect’s rights.