Wednesday, April 22, 2009

Search and Seizure law

The US Supreme Court has ruled that police may search a vehicle without a warrant only "when the suspect could reach for a weapon or try to destroy evidence or when it is 'reasonable to believe' there is evidence in the car supporting the crime at hand". This changes the older rule allowing the police to search "a vehicle as part of a lawful arrest of a suspect". The previous ruling was New York v. Belton in 1981. This 5 to 4 decision came about by the agreement of the "most liberal" judges and the "most conservative" along with judge John Paul Stevens. In this case, the person arrested and searched had already left his car and was walking away from it. He was handcuffed a distance for the vehicle when the police conducted their search. The case is Arizona v. Gant.
(Source: "High court limits when vehicles may be searched" by Robert Barnes of the Washington Post. In the Virginian Pilot on 4/22/09)

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