Legal Opinion
State v. Gant
Arizona Supreme Court
Decided July 25, 2007No. CR-06-0385-PRPublishedCited by 49 opinions
1Opinion of the Court
OPINION
BERCH, Vice Chief Justice.
¶ 1 This case requires us to determine whether the search incident to arrest exception to the Fourth Amendment’s warrant requirement permits the warrantless search of an arrestee’s car when the scene is secure and the arrestee is handcuffed, seated in the back of a patrol ear, and under the supervision of a police officer. We hold that in such circumstances, a warrantless search is not justified.
I. FACTS AND PROCEDURAL BACKGROUND
¶2 On August 25, 1999, two uniformed Tucson police officers went to a house after receiving a tip of narcotics activity there. When…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Chambers v. MaroneySupreme Court of the United States · 1970
21 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Arizona v. GantSupreme Court of the United States · 2009
- Davis v. United StatesSupreme Court of the United States · 2011
- State Of Iowa Vs. Robert Joseph VanceSupreme Court of Iowa · 2010
- United States v. CaseresCourt of Appeals for the Ninth Circuit · 2008
- United States v. GonzalezCourt of Appeals for the Ninth Circuit · 2009
44 more not listed; retrieve them via the Exa API.