If the driver of a motor vehicle has been arrested, can all of the passengers in that vehicle be searched as part of the search incident to arrest?

In this context, the correct choice is based on legal principles surrounding search incident to arrest. When an arrest is made in a motor vehicle, the primary individual who can be searched is the driver. This is rooted in the Fourth Amendment, which protects against unreasonable searches and seizures. Generally speaking, only the arrestee can be subjected to a search without a warrant or probable cause at that moment.

The rationale here is that the search is directly related to the safety of the officer and evidence preservation concerning the arrestee. Passengers in the vehicle do not have the same level of legal scrutiny unless there are specific circumstances that suggest they could pose a threat or be connected to criminal activity. Therefore, unless the passengers are actively engaged in criminal conduct or are connected to what prompted the arrest, they generally cannot be searched merely because the driver has been arrested.

This understanding highlights the importance of knowing legal standards when it comes to searches in law enforcement, ensuring that the rights of individuals are protected while also allowing officers to maintain order and safety during an arrest.