Preview

Arizona Vs Gant Case Study

Good Essays
Open Document
Open Document
296 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arizona Vs Gant Case Study
Arizona v. Gant (2009) SCOTUS rule held that the Belton rule was revised as the justices stated that it did not give authority for the police officers to search an arrestee’s vehicle if the occupant had been arrested and therefore could not access the interior of the car. This implies that the police should only search the arrestee and places that could be reached. Gant could no longer reach the interior of his car, and there was no reasonable ground to suppose that a search would produce evidence to support the offense of driving on a suspended license. Gant v. Arizona established that a search of a vehicle after an arrest is permissible when the arrestee is not confined, and the passenger compartment is within their immediate reach.
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Gander Mountain Case Study
    • 765 Words
    • 4 Pages

    Gander Mountain Case Study

    Attain from store Gander Mountain which was formed as a gunsmith department in 1979, Wilmot, WI. To make more of the extravaganza of different sports items such as guns as well as jackets and boots it became more popular because of variation in equipment’s which usually got sold on this store for use by people who like to be hunters or sports players interested in improving the way of approach.…

    • 765 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Heien V. North Carolina Case Study
    • 833 Words
    • 4 Pages

    Heien V. North Carolina Case Study

    North Carolina and Valdez situations was that the specific traffic violations, because Heien vehicle was stopped, because of a broken tail light. In contrast, Valdez was stop, because of an air freshener hanging from the inside rear view mirror. The intent of the traffic stop was different, in Heien’s case the officer conducted the situation in professional manner with no harmful intent. Yet, in Valdez case the officer had personal history with the occupants and he had a personal vendetta against Camilo Valdez identical brother Juan Valdez so the traffic stop was based on personal intent. In Heien v. North Carolina Heien was the owner of the vehicle, yet in Camilo Valdez case he was not the owner of the vehicle. Heien agreed to have his car search when the officer ask him permission. In contrast, Juan Valdez did not consent to have the vehicle searched by Michael Holden. In Heien case there was no appellate court cases that address the legality of this type of traffic violation. Yet, in Valdez situation there was an appellate court case that did set precedent and address that it’s not a traffic violation to have an air freshener hanging on the rearview mirror. These differences may seem minuscule but it does change the whole nature of the…

    • 833 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Supreme Court Case: Tate Vs. Colorado
    • 448 Words
    • 2 Pages

    Supreme Court Case: Tate Vs. Colorado

    At the trial, Tate moved to suppress evidence obtained during the investigation. As he did this, he noticed that when Officer Benda parked behind Tate, it was an unlawful seizure according to the fourth amendment. The court concluded that he was seized with reason to believe Tate was under the influence. This caused the conclusions to be reversed and was therefore inadmissible at trail. This case was moved to the district court and this court concluded that a person could not be seized within the meaning of the fourth amendment if he is unaware of the police presence. The court also concluded that Officer Benda had reasonable suspicion to arrest Tate, thus reversing the conclusions and was therefore inadmissible at…

    • 448 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Case Summary: Ridley Vs. California
    • 127 Words
    • 1 Page

    Case Summary: Ridley Vs. California

    In the case Ridley v. California the Court decided on whether the searching of a smart phone of someone placed under arrest without a warrant violates the Fourth Amendment. David Ridley was arrested for possession of firearms. During the arrest an officer seized Ridley’s cell phone and searched his phone without obtaining a warrant from a judge. The officer found evidence that involves him in an earlier gang shooting and charged him in the shooting. During his trial the California Court of Appeals ruled that the search and the obtaining evidence from his cell phone was valid. He appealed to the U.S. Supreme Court in which the court decide unanimously that police need a warrant to search a suspect’s cell phone.…

    • 127 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    New Jersey Vs Tlo Case Study
    • 284 Words
    • 2 Pages

    New Jersey Vs Tlo Case Study

    In 1980, one of the teachers at Piscataway High School found two girls smoking in a restroom at the school…

    • 284 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Terry V. Ohio Case Brief
    • 581 Words
    • 3 Pages

    Terry V. Ohio Case Brief

    Constitution, protecting them against unreasonable search and seizures. The court rejected the defenses opinion, in that the weapons were seized due to a lawful search incident to arrest. The motion to suppress was denied because the court found that the officer had cause to believe the men were acting suspiciously, the seizer and question was warranted and the officers own right to safety had the right the pat down the suspects’ outer clothing, believing that the suspects may be…

    • 581 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Essay Arizona vs. Grant
    • 356 Words
    • 2 Pages

    Essay Arizona vs. Grant

    The case Arizona vs. Grant occured because an event that happened on August 25, 1999 involving two police officers, and a suspect who was believed to be involved in narcotics activity. The officers first visit to the house where the suspect lived was followed by a second visit later that night because he wasnt there at the initial visit. After their first visit they ran a background check and found causes for the arrest of the subject, Rodney Grant. Upon the second return the subject Rodney Grant was apprehended after pulling into his driveway and walking about ten feet towards the officers. After they placed him in the police vehicle, they searched the suspects car, which was the cause of the Arizona vs Grant case, because of a debate on evidence pulled from the car without reasonable reasons to search it. Although there was cocaine and a weapons in the car, the officers didnt have reasons to prove why the searched it after the suspect had already been apprehended and put into the police vehicle. It is because of this that led to questioning of why the car was searched because Grant was not in the nearby vicinity of the vehicle and therefore no harm to the officers unless he had a weapons in his immediate possession.…

    • 356 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    4rth Amendment
    • 6813 Words
    • 28 Pages

    4rth Amendment

    The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer, a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation, Aldo was not reliable since his detector certification had expired. Also, the officer did not maintain a record of his field performance alerts. As a result, the respondent contends that Aldo’s alert was false thereby diminishing the validity of probable cause. On the other hand, the State of Florida counters by arguing that probable cause is a flexible common sense standard and requires only a fair probability and not hard certainties. Moreover, the officer who had trained with the dog is the best judge of the dog’s credibility as opposed to the Court’s especially since law enforcement agencies act with good faith. Consequently, defense counsel moved to suppress the physical evidence as the product of a warrantless search without probable cause. The trial court denied the motion to suppress but made no findings. The respondent then appealed to the Florida First District Court of Appeal. They affirmed. Harris v. State, 989 So. 2d 1214 (Fla. 1st DCA 2008). The Florida Supreme Court quashed the lower court decision. Harris v. State, 71 So. 3d 756 (Fla. 2011). The Court scrutinized the case under the totality of the circumstances test established in Illinois v. Gates, 462 U.S. 213 (1983) and concluded that Aldo’s reliability, was not enough to demonstrate probable cause.…

    • 6813 Words
    • 28 Pages
    Powerful Essays
    Read More
  • Good Essays

    Arizona v. Gant
    • 995 Words
    • 4 Pages

    Arizona v. 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.…

    • 995 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Unit 3 Assignment: Fourth Amendment Exceptions Summary
    • 310 Words
    • 1 Page

    Unit 3 Assignment: Fourth Amendment Exceptions Summary

    Other conditions on the searches incident to arrest exception include the use of force, the search of other individuals with the arrested individual, searching the vehicle of an arrest person, contemporaneousness and inventory searches "if a government agent has probable cause to believe the vehicle contains contraband or evidence of a crime without a warrant" because "in the time it would take to get a warrant, the car, driver and contraband or evidence could be long gone" (Harr, Hess, 2006. p. 231). The 1981 case of Robbins v. California saw the justifications for searching without a warrant. Those specifications include that the mobility of vehicles produce exigent circumstances.…

    • 310 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    The Influence Of Officer Smith's Decision-Making
    • 542 Words
    • 3 Pages

    The Influence Of Officer Smith's Decision-Making

    This gives her the ability to pull over the driver if not for any other reason but because of the fact that she thought the “vehicle code” had been violated, depending on what the state entails is a violation. After the officer pulled over the gold Pontiac she had reasonable doubt that the car had been the suspected car of a road side killing of an officer so according to (Hull Street Law) (In Arizona v. Johnson, (2009), the court stated that once a law enforcement officer has conducted a valid traffic stop, the officer is justified in conducting a frisk of the person for weapons if the officer reasonably suspects that the person stopped is armed and dangerous. (Roberts,…

    • 542 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Automobile Search Research Paper
    • 879 Words
    • 4 Pages

    Automobile Search Research Paper

    In Florida v. Jimeno, 500 U.S. 248, 251, 111 S.Ct. 1801, 1803-04 (1991) the Supreme Court held that a criminal suspect's right to be free from unreasonable searches was not violated when, after he gave a police officer permission to search his car, the officer opened a dosed container found within the car. Consent to search a vehicle inherently encompasses the entire vehicle and its contents, including closed containers. Id. The scope of the search extends to any…

    • 879 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Controversial Law: The Stop And Frisk Case
    • 572 Words
    • 3 Pages

    Controversial Law: The Stop And Frisk Case

    The reason the defense argued the initial search and subsequent seizure violated the Fourth Amendment of the men being accused is because the arresting officer did not have probable cause for arrest, and simultaneously did not posses a warrant to search the suspects. The court denied the motion to suppress the evidence, and inevitably found the men guilty. The defense appealed all the way to the Supreme Court, but the court held the original…

    • 572 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Analysis and Application
    • 662 Words
    • 3 Pages

    Analysis and Application

    A “Pat Down” is a quick search of a person’s being in order to determine if any weapons are present. A “Pat Down” is necessary to ensure the safety of the law enforcement agent and other civilians [ (Kiefer, 2009) ]. According to the case Arizona V. Johnson Officer Smith’s pat down of the driver was legal. Since the description of the car was the same as car used to kill other officer, Officer Smith had reason to fear for his life, therefore had the right to check or weapons.…

    • 662 Words
    • 3 Pages
    Powerful Essays
    Read More
  • Better Essays

    Exclusionary Rule Pros and Cons
    • 1962 Words
    • 8 Pages

    Exclusionary Rule Pros and Cons

    Kamisar, Y. (2003). In the Defense of the Search and Seizure Exclusionary Rule. Harvard Journal of Law and Public Policy, 119-134.…

    • 1962 Words
    • 8 Pages
    Better Essays
    Read More

Related Topics