1. (1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for the purpose of:

   1. (a) Protecting the officer from attack;
   2. (b) Preventing the person from escaping; or
   3. (c) Discovering the fruits of a crime.

2. (2) A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person's immediate control, the seizure of which is reasonably necessary for the purpose of:

   1. (a) Protecting the officer from attack;
   2. (b) Preventing the escape of the arrested person; or
   3. (c) Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime.

History.--s. 21, ch. 19554, 1939; CGL 1940 Supp. 8663(21); s. 10, ch. 70-339.