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SCOTUS DECIDES MAJOR SEARCH INCIDENT TO ARREST CASE

By JAABLOG

ARIZONA v. GANT"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. The Arizona Supreme Court correctly held that this case involved an unreasonable search. Accordingly, the judgment of the State Supreme Court is affirmed."        (Thanks to "Supreme Court Says 4th Amendment Still Lives")TOMORROW'S 4% PROTESTPress Releasecontinue to full post

Full post as published by JAABlog on April 21, 2009 (boomark / email).