Arizona v. Gant

US Supreme Court Changes Law on Search and Seizure!!


The United States Supreme Court has repeatedly held that police searches conducted without first obtaining a search warrant are unlawful unless those searches fall within certain exceptions to the warrant requirement contained in the Fourth Amendment. One of those exceptions permits police officers to conduct warrantless searches during or immediately after a lawful arrest, the "search-incident-to-arrest" exception. Arizona v. Gant dramatically alters this legal landscape by only permitting searches incident to arrest for items related to the basis for the arrest. In the facts of the case, Mr. Gant was arrested for driving on a suspended license and thereafter a general search of the passenger compartment of his automobile revealed illegal drugs. The United States Supreme Court held in this decision that such evidence must be suppressed as the discovered contraband was not related to the basis for the arrest.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, U.S. Supreme Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sterling Mead, Law Office of Sterling G. Mead | Attorney Advertising

Written by:


Law Office of Sterling G. Mead on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.