Legal Definitions - immediate control

Immediate control refers to the ability to quickly and directly influence or access something. In legal contexts, this term typically has two distinct applications:

• In criminal procedure, it describes the area an arrested person can reach immediately. Law enforcement officers are generally permitted to search this area without a warrant during an arrest to ensure their safety by preventing the arrestee from accessing weapons or to stop the arrestee from destroying evidence.

  • Example 1: After being arrested in their kitchen, a suspect is standing next to a kitchen island. An officer might search the open drawers of the island within arm's length of the suspect. This is because the drawers are within the suspect's immediate control, potentially containing a knife or other object that could be used as a weapon, or small items of evidence that could be quickly discarded.

  • Example 2: A person is arrested while sitting at a restaurant booth. The police may search under the table and on the seat next to the arrestee. This area is considered to be within their immediate control, as they could potentially reach for a hidden item or attempt to dispose of contraband before being fully secured.

• In the context of vehicular operation, immediate control refers to a driver's continuous ability to govern the speed, direction, and overall movement of their vehicle. Failing to maintain immediate control can be considered evidence of negligence in civil or traffic cases.

  • Example 1: A driver is operating a vehicle on an icy road and takes a sharp turn at a speed too high for the conditions. The car skids and crashes into a snowbank. The driver failed to maintain immediate control because their speed and maneuver prevented them from instantly correcting the vehicle's path when it lost traction.

  • Example 2: While driving on the highway, a motorist becomes engrossed in a conversation with a passenger, turning their head away from the road for several seconds. During this lapse, the car drifts into another lane, nearly causing an accident. The driver lacked immediate control over the vehicle's direction because their attention was diverted, preventing them from making instant adjustments to maintain a safe course.