Arizona v Gant

SUPREME COURT OF THE UNITED STATES ARIZONA, PETITIONER v. RODNEY JOSEPH GANT 556 U.S. ___ (2009) (with professor edits) on writ of certiorari to the supreme court ofarizona [pic] [April 21, 2009] [pic]     Justice Stevens delivered the mentation of the Court.     After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the fend for of a patrol car, police officers exploreed his car and discovered cocain in the pocket of a jacket on the backseat. Beca give Gant could non have accessed his car to retrieve weapons or evidence at the time of the inquisition, the Arizona Supreme Court held that the attempt-incident-to-arrest exception to the rear Amendment s warrant requirement, as defined in Chimel v. California, 395 U. S. 752 (1969) , and use to vehicle waites in New York v. Belton, 453 U. S. 454 (1981) , did not justify the search in this case. We agree with that conclusion.     Under Chimel, police may searc h incident to arrest only the space within an arrestees  immediate control,  meaning the area from within which he world-beater gain possession of a weapon or abolishable evidence. 395 U. S., at 763. The safety and evidentiary justifications underlying Chimels reaching-distance statute determine Beltons scope.

Accordingly, we hold that Belton does not authorize a vehicle search incident to a recent kin physicians arrest after the arrestee has been secured and cannot access the midland of the vehicle.     On August 25, 1999, acting on an anonymous utmost that the sign at 2524 North Walnut Avenue was universe utilize to sell drugs, Tucson pol! ice officers Griffith and Reed knocked on the movement limen and asked to speak to the owner. Gant answered the door and, after identifying himself, stated that he evaluate the owner to return later. The officers left the residence and conducted a records check, which revealed that Gants drivers license had been suspended and in that respect was an neat warrant for his arrest for driving with...If you want to thwart a full essay, order it on our website: OrderCustomPaper.com

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