Arizona Versus Gant

Question 0

Issue

Answer 0

Whether police may search a vehicle incident to arrest when the arrestee has been secured and no longer has access to weapons or evidence.

Question 1

Facts

Answer 1

Defendant was arrested for driving on a suspended license. Police search the defendants vehicle incident to his arrest. They found a gun and cocaine in the pocket of the jacket in the backseat.

Question 2

Held

Answer 2

No justifications for searching a vehicle incident to arrest are. 1. Officer safety 2. Evidence preservation. Once a Resty is secured he can no longer access his vehicle. No longer any risk he will access weapons or evidence contained there in. However, police may search a vehicle incident to arrest after the arrestee has been secured when it is reasonable to believe that evidence related to the crime of arrest may be found within.

Question 3

Discussion

Answer 3

Supreme Court in this case held that such searches are unconstitutional when the suspect can no longer access the vehicle. Court further clarified that circumstances unique to the vehicle context justify a search incident to arrest when it is reasonable to believe that evidence of The crime of arrest may be found within.