Arizona v Gant

SUPREME COURT OF THE UNITED STATES ARIZONA, PETITIONER v. RODNEY JOSEPH GANT 556 U.S. ___ (2009) (with professor edits) on writ of certiorari to the supreme court ofarizona [pic] [April 21, 2009] [pic]     Justice Stevens delivered the persuasion of the Court.     After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the protest for of a patrol car, police officers exploreed his car and discovered cocain in the pocket of a jacket on the backseat. Beca part Gant could not have accessed his car to retrieve weapons or evidence at the time of the inquisition, the Arizona Supreme Court held that the re calculate-incident-to-arrest exception to the dummy Amendment s warrant requirement, as defined in Chimel v. California, 395 U. S. 752 (1969) , and use to vehicle searches in New York v. Belton, 453 U. S. 454 (1981) , did not justify the search in this case. We agree with that conclusion.     Under Chimel, police may search incident to arrest only the space within an arrestees  immediate control,  meaning the area from within which he major power gain possession of a weapon or abolishable evidence. 395 U. S., at 763. The safety and evidentiary justifications underlying Chimels reaching-distance revision determine Beltons scope.

Accordingly, we hold that Belton does not authorize a vehicle search incident to a recent theater of operations physicians arrest after the arrestee has been secured and cannot access the home(a) of the vehicle.     On August 25, 1999, acting on an anonymous top that the sign at 2524 North Walnut Avenue was organism utilize to! sell drugs, Tucson police officers Griffith and Reed knocked on the look limen and asked to speak to the owner. Gant answered the door and, after identifying himself, stated that he evaluate the owner to return later. The officers left the residence and conducted a records check, which revealed that Gants drivers license had been suspended and on that point was an neat warrant for his arrest for driving with...If you want to get down a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper