Arizona Vs Gant Case Study
Arizona v. Gant (2009) SCOTUS rule held that the Belton rule was revised as the justices stated that it did not give authority for the police officers to search an arrestee’s vehicle if the occupant had been arrested and therefore could not access the interior of the car. This implies that the police should only search the arrestee and places that could be reached. Gant could no longer reach the interior of his car, and there was no reasonable ground to suppose that a search would produce evidence to support the offense of driving on a suspended license. Gant v. Arizona established that a search of a vehicle after an arrest is permissible when the arrestee is not confined, and the passenger compartment is within their immediate reach.
The effect of the Gant decision on law enforcement SCOTUS decision in Arizona v. Gant (2009) affected the admissibility in federal prosecutions of evidence obtained by local, federal and local law enforcement agencies as the result of the search of an automobile incident to the lawful arrest. The Gant decision was not a winning situation for law enforcement. The Gant decision should have taken into consideration the arrestees and their immediate area of control for weapons, and to allow officers to prevent the destruction of evidence by the suspect. SCOTUS arguably placed a limit on the capability of police officers to search of a vehicle incident to the detention of the operator or an occupant. It curtailed the practices under New York v. Belton (1981) by removing the incentive for perpetual stops. Police officers would not be able to search the passenger section of a vehicle unless they reasonably believed it contains evidence of the offense of the arrest. This ruling could reduce the number of lawful searches.
The effect of the Gant decision on law enforcement SCOTUS decision in Arizona v. Gant (2009) affected the admissibility in federal prosecutions of evidence obtained by local, federal and local law enforcement agencies as the result of the search of an automobile incident to the lawful arrest. The Gant decision was not a winning situation for law enforcement. The Gant decision should have taken into consideration the arrestees and their immediate area of control for weapons, and to allow officers to prevent the destruction of evidence by the suspect. SCOTUS arguably placed a limit on the capability of police officers to search of a vehicle incident to the detention of the operator or an occupant. It curtailed the practices under New York v. Belton (1981) by removing the incentive for perpetual stops. Police officers would not be able to search the passenger section of a vehicle unless they reasonably believed it contains evidence of the offense of the arrest. This ruling could reduce the number of lawful searches.