New Limits on Warrantless Searches
This April the US Supreme Court ruled to limit the authority of police officers to conduct warrantless searches of vehicles after arresting a person.
June 03, 2009 /24-7PressRelease/ -- New Limits on Warrantless Searches
Article provided by Martens Law Office, PLLC. Please visit our Web site at www.martenslawoffice.com.
This April the US Supreme Court ruled to limit the authority of police officers to conduct warrantless searches of vehicles after arresting a person. The case, Arizona v Gant, is viewed as a victory to those supporting the protection of our 4th Amendment rights to be free from unreasonable searches and seizures.
Arizona v Gant: Case Background
In Arizona v Gant, the defendant was arrested for driving with a suspended license. After the police officers handcuffed the defendant and secured him in the back of the police car, they searched his vehicle. In the car's passenger compartment, the police found drugs and a gun. The defendant was convicted on drug and weapons charges and sentenced to three years in prison by a state trial court. The Arizona Supreme Court, however, reversed the decision and found that the search was unreasonable and in violation of the defendant's state and federal constitutional rights. The US Supreme Court heard oral arguments on the case in October of 2008.
The Supreme Court Ruling
The 4th Amendment to the US Constitution prohibits the government from conducting unreasonable search and seizures. Generally, any search conducted without a warrant is considered to be an unreasonable search, unless the search meets the requirements of one of the warrantless search exceptions. One of these exceptions allows the police to search vehicles incident to an arrest.
Prior to the Gant ruling, federal constitutional law allowed the police to search vehicles incident to arrest for two reasons:
• To protect the safety of the officers, who may be in danger if the arrestee can reach a gun or other weapon
• To prevent the destruction of evidence of a crime within the grab space of the arrestee, which includes the passenger compartment of the vehicle
In practice, police have routinely searched vehicles after arresting someone, even if the person was arrested for a traffic violation or other minor offense. The police then could use any contraband found during these searches, like drugs, as grounds to bring additional charges against the arrestee. Prior to Gant, these searches were largely considered reasonable and within the scope of the officer's authority.
In Gant, the US Supreme Court clarified its previous rulings and narrowed the authority of the police to conduct searches incident to arrest. Under current law, police may only search a vehicle without a warrant following an arrest if:
• The arrestee is unsecured and within reaching distance of the car at the time of the search; or
• The police have a reasonable belief that they will find evidence relevant to the crime the person has been arrested for in the vehicle
This change in the law limits the ability of the police to use certain offenses, like driving on a suspended license, as a means to search privately owned vehicles for evidence of more serious crimes. Other charges, like driving under the influence of drugs or alcohol, still may allow the police to conduct vehicle searches since it is reasonable to believe the police may find evidence of intoxicating substances in the car.
The Impact on Pending Cases
The Gant ruling is applicable to all pending cases and any cases not yet on direct appeal. The Gant opinion does not apply retroactively, however -- cases that already have been decided will not be reversed because of the new interpretation of the law.
This means that defendants who initially were arrested for one charge but subsequently were charged with additional crimes based on evidence seized from their vehicles may be able to have this evidence successfully suppressed.
However, it is important to understand that the Gant ruling does not automatically mean that all evidence seized from a vehicle after an arrest will be inadmissible in pending cases. There may be other warrantless exceptions that apply in a particular case that still will allow the police to successfully introduce the evidence seized from your vehicle against you. It is imperative to have an experienced criminal defense attorney review your claim to determine what effect, if any, the recent changes in search and seizure law may have on your case.
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