Tuesday, April 21, 2009

US Supreme Court Arizona v. Gant 07-542


   This case has been discussed a lot in law enforcement circles, so most officers should be familiar with it.

   In this case, officers were investigating a drug complaint at a house.  They met with Gant briefly at the house and then left, then learned that there was a warrant for his arrest.  When they returned, Gant wasn't there but they made a couple other arrests.  Gant returned later, parked in the driveway, and was arrested after he got out of his car.  The arresting officers waited for additional officers to respond (since their cars each had a prisoner already), then secured him in the back of another responding car, then searched his car.  They found a gun and drugs.

   The trial court held that there was no PC for the search of Gant's car, but that the search was valid as a search incident to arrest because Gant had occupied the car shortly before being arrested.  The Arizona Supreme Court reversed, holding that the search was unreasonable.

   The US Supreme Court affirmed.  Previous decisions have justified searches incident to arrest based on the government's interest in preserving evidence and protecting officers.  Accordingly, the court held that "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest. When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies. "

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