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Vehicle Searches Incident to Arrest

By Walin & Klarich

Evidence from Warrantless Vehicle Search Incident to Passenger?s Arrest is Suppressed where Defendant was Inside Patrol Vehicle when Searched Defendant, Gonzalez, was convicted of Possession of a Firearm and Ammunition. This conviction resulted when a firearm was found during a June 19, 2006 traffic stop of a car in which Gonzalez was riding. The police, following the arrest of another passenger with outstanding warrants, searched the passenger compartment and found a loaded firearm in side the glove box. Gonzalez filed a motion to suppress; he asserted the search of the car violated his Fourth Amendment rights. The Supreme Court in Arizona v. Gant, 129 S. Ct. 1710 (2009), held that police may search a vehicle incident to arrest only if the arrested person is within reaching distance of the passenger compartment of the car at the time of the search or it is reasonable to believe that the vehicle contains evidence of the offense of arrest...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 13, 2009 (boomark / email).