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New law reveiw article on Gant

By John Wesley Hall, Jr.

Arizona v. Gant: Does it Matter? by Barbara E. Armacost of the University of Virginia School of Law in 2009 S.Ct. Rev. __ (2010). Abstract: Prior to the Supreme Court’s recent opinion in Arizona v Gant, it was standard practice under New York v Belton for police to conduct a search incident to arrest (SITA) of the passenger compartment whenever they arrested the driver or a recent occupant of the vehicle. Police officers had begun to treat the SITA of a vehicle as a powerful investigative tool, using traffic stops and arrests to get a free search for evidence of more serious crimes At least as a formal matter, Arizona v Gant changed all this. In Gant the Supreme Court reviewed a Fourth Amendment challenge to an automobile search incident to arrest conducted after the driver had been arrested, handcuffed and secured in the police car...continue to full post

Full post as published by Fourth Amendment on March 19, 2010 (boomark / email).