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United States Supreme Court Rules that Police May Not Automatically Search the Car of Anyone They Pull Over for a Traffic Infraction

By Walin & Klarich

Recently in Arizona v. Gant, United States Supreme Court ruled that it was not proper for officers to have the authority to automatically search the car of a person who is stopped over a traffic infraction. The court held that in order to justify a search, the police must either reasonably fear that the arrestee might have access to a weapon in the car or have a reasonable prospect of finding evidence of the crime that the driver committed. This ruling by the Supreme Court has been welcomed by proponents of individual liberty and privacy interests. However, the ruling has also highlighted what many consider overreaching and potentially unchecked power given to law enforcement. Although the police may not search a car incident to the arrest of a driver who commits a traffic violation, they could legally do so by impounding the vehicle...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 07, 2009 (boomark / email).