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Cert. granted in Arizona v. Gant, a search incident case

By John Wesley Hall, Jr.

SCOTUS granted cert today in Arizona v. Gant, 07-542, a search incident case where the Arizona Supreme Court held that Gant was not a "recent occupant" when he was locked up and in a police car at the time of the search incident. From SCOTUSBlog: In the police search case (Gant), the Court said its review would be limited to the following issue: “Does the Fourth Amendment require law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to justify a warrantless search incident to arrest conducted after the vehicle’s recent occupants have been arrested and secured?” The state of Arizona contended in its appeal that the Arizona Supreme Court had undercut the Supreme Court’s 1981 decision in New York v...continue to full post

Full post as published by Fourth Amendment on February 25, 2008 (boomark / email).