Arizona v. Gant
PALS480-Capstone June 20, 2012
Plaintiff – State of Arizona
Defendant – Rodney Gant
Appellant – State of Arizona
Respondent – Rodney Gant
Respondent, Rodney Gant, was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle, but did not decide to suppress the evidence. The court ruled the search to be that incident to an arrest. Respondent was found guilty and sentenced to three-year prison term.
Officers were called to a residence on an anonymous tip that it was being used to sell drugs out of. When officers arrived at the residence, Rodney Gant answered the door. •
After claiming that the owner of the residence was not home police left the residence but stayed in the area waiting for the owner to arrive. They had done a check on Mr. Gant and discovered that he had a suspended license. •
While waiting police arrested two others for giving false identification and for possession of drug paraphernalia. Mr. Gant had apparently left the residence and was pulling up to the residence while the officers were arresting the other two individuals. Officers confirmed that he was in fact the driver of a vehicle making its way into the driveway. After exiting the vehicle, officers called to Gant and he was arrested for driving on a suspended license. •
As officers already had the other two individuals in two separate cars and using both sets of restraints, they called for back up. When back up arrived, Gant was handcuffed and placed inside the back of one of the arriving police vehicles. Once Gant was secured the officers then did a search of his vehicle where they discovered a gun and a jacket in the back seat that had a bag of cocaine in one of the pockets. •
Gant was charged with two...
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