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New law review article: "Stepping out of the Vehicle: The Potential of Arizona v. Gant to End Automatic Searches Incident to Arrest Beyond the Vehicular Context"

By John Wesley Hall, Jr.

Angad Singh, Stepping out of the Vehicle: The Potential of Arizona v. Gant to End Automatic Searches Incident to Arrest Beyond the Vehicular Context, 59 Am. U. L. Rev. 1759 (2010). Interesting reading, and this is the third paragraph: This Comment argues that Gant not only enhances Fourth Amendment protections overall by limiting authority to search an automobile upon arrest, but that its first holding also undermines other cases permitting automatic searches incident to arrest in nonvehicular situations. Gant's affirmation of two specific rationales that permit a search incident to arrest, officer safety and the preservation of evidence, directly conflicts with nonvehicular cases allowing automatic searches irrespective of these rationales...continue to full post

Full post as published by Fourth Amendment on October 13, 2010 (boomark / email).