Arizona vs Grant
Arizona v. Grant
Arizona v. Grant
The U.S. Supreme Court limits how police searches a vehicle after Arizona v. Grant. April 21, 2009 the U.S. Supreme Court adds new limits on how law enforcement officer can search the passenger compartments of a vehicle. Due to this ruling, police officers require having either evidence of a crime for which the suspect is being arrested for, or the officers are completing a weapons check that could be within reach of the suspect. Arizona v. Grant makes important changes within the Fourth Amendment. After New York v. Belton, the U.S. Supreme Court had allowed officers to search the passenger compartment of any vehicle when the person was being arrested that was driving or was a passenger in without a warrant. Belton’s justification was the fact that a person can constitutionally be search for weapons and any other evidence, and further that any officer can search the immediate area of control for weapons or any other evidence. Since the new ruling with Arizona v. Grant overturns the ruling of New York v. Belton, and sets a new standard for what is allowed during a search in a car related arrested.
New Ruling
The new ruling in Arizona v. grant adds modifications to the Fourth Amendment in regards to police searches. The changes state, “Police may search the passenger compartment of a vehicle incident to recent occupant’s arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest” (Arizona v. Grant 07-542.) The U.S. Supreme Court ruled against the fact that officers can justify search a vehicle in traffic violations or any situation where no other evidence of crime had occurred. Example of those would be: failure to appear, driving without a license, failing to pay child support. Arizona v. Grant allows checking for weapons within reach of the suspect, or anywhere reasonable within reach of the suspect.
Arizona v. Grant
The U.S. Supreme Court limits how police searches a vehicle after Arizona v. Grant. April 21, 2009 the U.S. Supreme Court adds new limits on how law enforcement officer can search the passenger compartments of a vehicle. Due to this ruling, police officers require having either evidence of a crime for which the suspect is being arrested for, or the officers are completing a weapons check that could be within reach of the suspect. Arizona v. Grant makes important changes within the Fourth Amendment. After New York v. Belton, the U.S. Supreme Court had allowed officers to search the passenger compartment of any vehicle when the person was being arrested that was driving or was a passenger in without a warrant. Belton’s justification was the fact that a person can constitutionally be search for weapons and any other evidence, and further that any officer can search the immediate area of control for weapons or any other evidence. Since the new ruling with Arizona v. Grant overturns the ruling of New York v. Belton, and sets a new standard for what is allowed during a search in a car related arrested.
New Ruling
The new ruling in Arizona v. grant adds modifications to the Fourth Amendment in regards to police searches. The changes state, “Police may search the passenger compartment of a vehicle incident to recent occupant’s arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest” (Arizona v. Grant 07-542.) The U.S. Supreme Court ruled against the fact that officers can justify search a vehicle in traffic violations or any situation where no other evidence of crime had occurred. Example of those would be: failure to appear, driving without a license, failing to pay child support. Arizona v. Grant allows checking for weapons within reach of the suspect, or anywhere reasonable within reach of the suspect.
References: Commonwealth v. Cass, 709 A.2d 350, 357 (Pa. 1998) Kathy Davis, John Kelsey, Dia Langellier, Misty Mapes, and Jeff Rosendahl Surveillance in Schools: Safety vs. Personal Privacy Locker Searches students.ed.uiuc.edu/jkelsey/surveillance/locker.htm http://www.justice.gov/archive/ll/highlights.htm U.S. V. Davis 482 F.2d 893,908