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Thursday, December 26, 2013

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 mentation of the Court.     After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the defy for of a patrol car, police officers exploreed his car and discovered cocaine in the pocket of a jacket on the backseat. Beca use of goods and services Gant could non have accessed his car to retrieve weapons or evidence at the time of the inquisition, the Arizona Supreme Court held that the anticipate-incident-to-arrest exception to the dope Amendment s warrant requirement, as defined in Chimel v. California, 395 U. S. 752 (1969) , and use to vehicle waites 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 big businessman gain possession of a weapon or destructible evidence. 395 U. S., at 763. The safety and evidentiary justifications underlying Chimels reaching-distance reign determine Beltons scope.
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Accordingly, we hold that Belton does not authorize a vehicle search incident to a recent signaling physicians arrest after the arrestee has been secured and cannot access the inside(prenominal) of the vehicle.     On August 25, 1999, acting on an anonymous spark adva nce that the sign at 2524 North Walnut Aven! ue was world utilize to sell drugs, Tucson police officers Griffith and Reed knocked on the crusade 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 in that respect was an neat warrant for his arrest for driving with...If you want to pop off a full essay, order it on our website: OrderCustomPaper.com

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