Arizona v. Gant, No. 07-542, 2009 U. S. Lexis 3120 (Feb 21, 2009)
Petitioner was arrested for driving with a suspended license. He was arrested approximately 10-12 feet away from his car, handcuffed and placed in the back seat of a patrol car. The police then searched his vehicle and discovered cocaine in a jacket located on the back seat of Petitioner’s vehicle. The State argued that the search was valid as one incident to arrest under New York v. Belton, 453 U. S. 454 (1981). The U. S. Supreme Court disagreed, holding that the State’s reading of Belton was too broad. The Court noted that the decision in Belton “has been widely understood to allow a vehicle search incident to the arrest of a recent occupant even if there is no possibility the arrestee could gain access to the vehicle at the time of the search.” But, the Court held, there is no “police entitlement” under the Fourth Amendment to search a vehicle incident to arrest. Instead, the Court held as follows: “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.” If you have any questions concerning this opinion, please give us a call.
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