Arizona v. Rodney Joseph Gant
Criminal Law & Procedure, Fourth Amendment
In New York v. Belton, 453 U.S. 454 (1981), the Court held that the risks to officer safety and to the preservation of evidence inherent in the arrest of a vehicle's recent occupant justify a contemporaneous warrantless search of the automobile's passenger compartment incident to the arrest. The question presented is: does the Fourth Amendment require law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured?
Thomas F. Jacobs
To view PDF files listed on this page you will need Adobe Acrobat Reader