SMRs and AMRs

Tuesday, April 21, 2009

Supreme Court Puts New Limits on Vehicle Searches

By DAVID STOUT
NYT

WASHINGTON — The Supreme Court on Tuesday put new limits on the circumstances under which police officers who lack a search warrant can search a vehicle immediately after the arrest of a suspect.

Officers may search the passenger compartment of a vehicle after an occupant is arrested only if it is reasonable to believe that the person arrested could still gain access to the vehicle, or if the vehicle contains evidence relevant to the arrest, the court said.

In a 5-to-4 ruling that cut across the liberal versus conservative stereotypes of the current lineup of justices, the court affirmed a ruling by the Arizona Supreme Court, which overturned the conviction and three-year prison sentence against Rodney J. Gant of Tucson on a drug charge.

On Aug. 25, 1999, Mr. Gant was arrested for driving while his license was suspended. After he was handcuffed and placed in a patrol car, officers searched Mr. Gant’s car and found cocaine in the pocket of a jacket. The trial court denied Mr. Gant’s motion to suppress the drug evidence, but the Arizona high court ruled in the defendant’s favor, reasoning that the search was not necessary for the officers’ safety or to preserve evidence.

(More here.)

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