Under what conditions is the common law authority for a Peace Officer to search lawful?

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The common law authority for a Peace Officer to conduct a search is grounded in specific legal principles, particularly when it relates to an arrest. The correct answer highlights that for the search to be lawful, it must occur during a lawful arrest and be conducted incident to that arrest in a reasonable manner.

This principle stems from the idea that when a Peace Officer makes a lawful arrest, they are justified in taking necessary actions to ensure their safety, the safety of others, and to preserve evidence associated with the crime. The search must be conducted reasonably, meaning it should not involve excessive actions or be done in a manner that violates an individual’s rights.

In contrast, judicial approval, while it plays an important role in many search procedures, is not a requirement for every search conducted in conjunction with a lawful arrest. Similarly, while serious crime might influence the urgency or nature of a search, it does not alone justification under common law authority without the context of a lawful arrest. Lastly, the "plain view" doctrine allows officers to seize evidence without a warrant when it is immediately visible, but it does not establish a general authority to search; it is a specific circumstance under which items can be seized.

Thus, the conditions surrounding a lawful arrest and a reasonable

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