What part of a vehicle is typically excluded from a search incident to arrest?

The trunk of the vehicle is generally excluded from a search incident to arrest because legal precedents establish that areas not immediately accessible to the arrestee at the time of the arrest may require a warrant for a search. The rationale behind this is the expectation of privacy in compartments that are not within the passenger area of the vehicle.

When a person is arrested, law enforcement officers are permitted to search the passenger compartment of the vehicle and any containers within it that could contain evidence related to the arrest. However, the trunk is considered a separate area that is not within the immediate control of the arrestee at the time of the arrest. This limitation is rooted in respect for the Fourth Amendment, which protects individuals against unreasonable searches and seizures. Thus, unless there are specific exigent circumstances or consent, law enforcement typically needs a warrant to search the trunk.

Conversely, areas like the glove compartment and passenger compartment can be searched as they are within the immediate reach of the person being arrested. The engine bay is generally not part of the areas searched in the context of a search incident to arrest as it is less likely to contain evidence directly related to the offense leading to arrest.