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Arizona v. Gant (2009)

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  Tags: law   automotive   supreme court   vehicle searches

Background


On April 2009, the supreme court has ruled that vehicle searches cannot be conducted after the driver has been restrained.[1] Is this the right ruling?

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Arguments For

Right Ruling

Arguments Against

Wrong Ruling

Sources


 1  New Supreme Court Case on Vehicle Searches kpmlaw.com (2009)

User Comments & Opinion

 
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1 Voted Yes

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It is definitely the right ruling. Reading the source-article, it becomes clear that this isn't a ruling that says that officers never are able to search a suspect's vehicle - just that they don't have a carte blanche right to do so.

Given the case in question, where a driver was pulled over, handcuffed and put in the back of the police cruiser based on an outstanding "driving without license", and as the Supreme Court laid out - that it is highly unlikely that any evidence of this would be found inside the car, and given that the offender was already handcuffed in the back of the police cruiser, he wouldn't have had the opportunity to either grab a gun or destroy any other evidence.

Hence, this increases the civil rights, and limits the unwarranted searches made by police officers. - Junkfoodjunkie (twitter) 0

0 Voted No

 
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