{"id":407,"date":"2009-04-21T17:56:10","date_gmt":"2009-04-21T23:56:10","guid":{"rendered":"http:\/\/cookcountypd.org\/blog\/?p=407"},"modified":"2009-04-21T17:56:10","modified_gmt":"2009-04-21T23:56:10","slug":"search-incident-rule-for-vehicles-narrowed","status":"publish","type":"post","link":"https:\/\/local3315.org\/blog\/index.php\/2009\/04\/21\/search-incident-rule-for-vehicles-narrowed\/","title":{"rendered":"Search Incident Rule for Vehicles &#8220;Narrowed&#8221;"},"content":{"rendered":"<div>Today, 4\/21\/09, The United States Supreme Court\u00a0severely\u00a0narrowed the common reading of\u00a0<span style=\"text-decoration: underline;\">New York<\/span><span style=\"text-decoration: underline;\"> v. Belto<\/span><span style=\"text-decoration: underline;\">n<\/span>, 433 U.S. 454 (1981) allowing officers to search the vehicle and its contents of an arrestee as a search incident to a lawful arrest.\u00a0As the story goes, Rodney Joseph Gant was arrested on a tip for driving with a suspended license. He was then cuffed and locked in the back of a patrol car. Gant&#8217;s car was then searched and \u00a0a gun and drugs were recovered from\u00a0his car for which Gant was prosecuted. At the suppression hearing, when Officer Griffith\u00a0was asked why he searched the\u00a0car he responded : &#8220;Because the law says we can do it.&#8221;\u00a0But alas today\u00a0the Court, in an opinion by our own Justice Stevens joined by Scalia, Souter,Thomas, and Ginsberg {the 4th amendment makes strange bedfellows!} held otherwise. The Court states:<\/div>\n<div>&#8220;Police may search a vehicle incident to a recent occupant&#8217;s\u00a0arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest&#8221;<\/div>\n<div>Read all about it by cutting and pasting this link:<\/div>\n<div>http:\/\/www.supremecourtus.gov\/opinions\/08pdf\/07-542.pdf<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Today, 4\/21\/09, The United States Supreme Court\u00a0severely\u00a0narrowed the common reading of\u00a0New York v. Belton, 433 U.S. 454 (1981) allowing officers to search the vehicle and its contents of an arrestee as a search incident to a lawful arrest.\u00a0As the story goes, Rodney Joseph Gant was arrested on a tip for driving with a suspended license. [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-407","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/posts\/407","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/comments?post=407"}],"version-history":[{"count":0,"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/posts\/407\/revisions"}],"wp:attachment":[{"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/media?parent=407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/categories?post=407"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/local3315.org\/blog\/index.php\/wp-json\/wp\/v2\/tags?post=407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}