Arizona v. Gant: Supreme Court ups 4th Amendment Standard in Vehicle Searches
Yesterday the Supreme Court of the United States scaled back exceptions to the 4th Amendment granting police the authority to search a vehicle without a warrant following the arrest of a suspect. In Arizona v. Gant, found here, the Supreme Court addressed a scenario where the suspect "was arrested for driving with a suspended license, handcuffed, and locked in the back of a patrol car, police officers searched his car and discovered cocaine in the pocket of a jacket on the backseat."
The issue before the Court was whether this warrantless search fell within any of the existing exceptions to the 4th Amendment ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."). Justice Stevens, writing for the majority, held that previous exceptions to the 4th Amendment do "not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle."
For additional analysis and commentary on the opinion visit Simple Justice, Defending People, and a public defender.
The issue before the Court was whether this warrantless search fell within any of the existing exceptions to the 4th Amendment ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."). Justice Stevens, writing for the majority, held that previous exceptions to the 4th Amendment do "not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle."
For additional analysis and commentary on the opinion visit Simple Justice, Defending People, and a public defender.
Posted by Kevin W Frye at 22 April 2009, 10:46 AM 
Categories: MS Search and Seizure Law,MS Criminal Procedure,MS Criminal Law News
Categories: MS Search and Seizure Law,MS Criminal Procedure,MS Criminal Law News
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