The Arizona Supreme Court ruled late last month that police cannot routinely search the vehicles of people they arrest. In a 3-2 decision in State v. Gant, the court held that the warrantless search of Rodney Gant's vehicle after he was arrested, handcuffed, and sitting in the back seat of a police car went beyond an allowable search incident to arrest and was "not justifiable."
The legal argument centered around whether the facts in this case were consistent with a search incident to arrest. US courts have recognized searches incident to arrest as one of the few areas where the Fourth Amendment requirement of probable cause or a search warrant not does apply, citing officer safety and the need to preserve evidence.
The Arizona Supreme Court held that the search of Gant's vehicle after he was already under arrest and handcuffed for a traffic warrant was not a search incident to arrest. "When the justifications [for a search incident to arrest] no longer exist because the scene is secure and the arrestee is handcuffed, secured in the back of a patrol car, and under the supervision of an officer, the warrantless search of the arrestee's car cannot be justified as necessary to protect the officers at the scene or prevent the destruction of evidence," wrote Justice Rebecca Berch for the majority.
Arizona law enforcement was not happy about the ruling, and some agencies suggested they would find ways to skirt it. Police departments across the state, working with the Arizona Association of Chiefs of Police and the Arizona Law Enforcement Legal Advisors' Association, filed briefs urging the court to uphold the conviction and hinting they would adopt different arrest procedures -- perhaps not handcuffing suspects until after a vehicle search -- to be able to continue the practice.
Justice Berch addressed that implied threat in her opinion. "We presume that police officers will exercise proper judgment in their contacts with arrestees and will not engage in conduct which creates unnecessary risks to their safety or public safety in order to circumvent the Fourth Amendment's warrant requirements," she wrote.
really?
I dont understand. I was pulled out of a vehicle in AZ last night, searched, then stood by as the police went through my vehicle, leaving everything tossed and discheveled. I had done nothing wrong and nothing was found. The policeman never asked if he could search the vehicle. I was not arrested although I didnt have insurance. I never knew not having proof of insurance was enough to search the car-I had done nothing criminally wrong.
To Really?
That seems to be the case. I've been involved and witness several occurrences of this. The police routinely search just about anything that they come across simply because they know the average person is unaware of this ruling. Either that or they rely on threats of towing your vehicle or impounding it if you do not cooperate. There is no justice in today's world without it being infracted upon. Check with a lawyer about whether or not you can do anything. The answer is probably "no", but you do leave with the added knowledge that if this ever happens again, sue the a$$holes!
impound vehicle inverntory
Vehicle was search because the law is that if the driver has a suspended license they impounded the car in the state of Arizona.
Searching the car, they found a pipe under the back seat.
Facts:
The inventory of the property inside the car, they did not list anything. There were closed bgs, breifcase, clothes shoes c's things in the glove box. wigs, woman's makeup, mans shaving equipment .
They used the inventoy of the car to allow them to search it. Found a glass pipe under the rear seat, it is a four door car and the only way was to pull out the bench seat in the rear of the car. The proplem is that the police never inventory any personal property, just the glass pipe.
feed back
need to contact who ever posted this...asap thx
license suspension
In scottsdale az officers pull you over for not doing any traffic violation just because your in front of them & they see who the car is registered to & then their history. years ago i paid a fine for not coming to complete stop before turning right on red. Yes, i know this is wrong. it did not involve any cars, people, accident just my stupidity of doing it in front of officer. I paid ticket, not realizing i needed to attend traffic survival school. no one informed me. 2 years later pulled over because officer callled in my plate & said my license was suspended. I was never informed but per dmv. regular mail service is the how they send document! found out i needed to go to traffic survival school. went to tss, went to court explained to judge that i had paid ticket unaware of requirement but i have now gone. Judge still finds me guilty of driving suspended & now dmv sends me letter stating since found guilty of driiving suspended license is suspended for ANOTHER Year.!! I dont drink or take drugs never pulled over for traffice violation. good record until this suspension crap. of course during next year pulled over again & given another year. If i drank i could drive with one of the breatalyzers but cause i dont i'm penalized. dui's get max 3months suspensions for driviing suspended. I get years. Pulled over for no reason yet suspended another year. even requested work permit since i work 3rd shift & bus is not safe if even running @ 3am & i was denied. I'm single women & refused to get raped waiting for bus @ off hours. I was fired from my job because i was absent or late finding transportation & then lost my home cause i had no money. why??? cause i went to a class & paid my ticket, Yet if i drove my car shitface suspended i could have my license. why would legislature have passed a stupid law. now i do community service cause i lost my job & have no money to pay the outrageous 1500. fine. what justice is served here except i should learn to drink & drive & then i would get my license me back
search for impounding the car
The traffic stop was for changing lanes, suspended license and not carrying up to date insurance card in the vehicle.
The driver of the car went to traffice court. Now the changing lanes charge were dismissed. No insurance was dsmissed.
The suspended license charge was changed to Driving without carrying a license paid a fine.
Question: If the traffic charge Changing lanes gives the right to stop the vehicle . That charge was dismissed, is that stop the legal right to impound the car? Suspended license charge was dropped to not have a driver license to show the police. and the no insurance, did have insurance and showed the court and that was dismissed.. I know at the time the computer report showed that th license was suspended, but that was wrong, the suspention was safified in 10/07. Is it the law 'FRUIT FROM THE POSISON TREE, Does that come into play?
The p/o testifed at the probable cause hearing, and the police report are not the same, nder oath the p/o lied or prejury. The audio tape is available and the police report is gotten already
SEARCH OF CAR DUE TO ERRONEOUS mvd SUSPENSION OF LIC.
I am in the same, even worse boat. I had things in my car that were not supposed to be there. Pain pills, and the cop arrested me and then said he had to search my car because it wasbeing impounded. I never k new a car had to be searched before being impounded. At any rate. What is the "fruit from the posison tree " mean ? If you found any further relief in regard to this crappy search stuff, pleaseemail me. Thanks, Ron.
GOING THROUGH IT NOW
I RESIDE IN THE STATE OF NORTH CAROLINA AND I AM GONG THROUGH A SIMILAR SITUATION NOW I AM A BLACK MALE IN A SMALL MAJORITY WHITE TOWN AND I AM INTERESTED IN THE RULING OF THIS CASE AND I ALSO WOULD LIKE TO KNOW IF MY LAWYER COULD USE THIS CASE IM MY SITUATION BEING THAT I AM IN NORTH CAROLINA THANK YOU
GET REAL
We dont get pay by the amount of dope, guns, or shit heads we take of the street. I get pay the same no matter what and it goes up every year! More guns and dope in your comunity go ahead find ways to interpret the 4th Amendment. I have a gun, badge and a vest. I'll be ok :). You better learn to find your own car when it is stolen, find the tweaker who took your property and is sniffing your wife pennys from the burglary he pulled at your place, first aid for when you get stab, shot at, or beaten. Beacuse i do a lame job when i find out my "victim" is a shit head
To Get Real
Your the typical asshole/bully we should in no way allow to wear a badge. We have guns too fuckstick, and we outnumber you 1000 to one. you want the respect of the public as you have the honor to serve and protect? then OBEY THE FUCKING LAW YOU ARE SWORN TO ENFORCE.
I have all the respect every God fearing FREE MAN should for the law, but YOU ARE NOT THE LAW, YOU ARE OUR REPRESENTATIVE TO ENFORCE IT. The problem with some people and their authority is they somehow believe they can make up the rules as they see fit. It's the intoxication of those with severe character flaws.
Many of us could do your job, and a better job of it (because we would actually work) but we choose not to work with a bunch of lazy lying corrupt assholes no matter what the pay. I see an honest good hearted cop- I got his back %100. I see you get hit by a car at a traffic stop- Sorry, but i don't want to miss my soap opera.
Get Real
Well said! The spirit of the Law rather than the letter of the Law need to be taken into account in this case. There was already more than enough probable cause to the extent that this person was under survaliance by law enforcement. In any circumstance that a person is lawfully detained by law enforcement and placed under arrest under a valid warrant, etc a search of the immediate surroundings in my mind is what the founding fathers had in mind. If you don't like it, don't have dope, illegal weapons, proceeds from a crime, or have a warrant for your arrest and you don't have to worry about this ruling.
If you are in fact a real
If you are in fact a real cop, I just hope your not. You show the mentality, lack of education and judgment, any criminal would show. I am a proud member of this community, when I see any of our most respected citizens, someone who 95% of most communities, depend on and totally respect. Whose leadership and guidance, are rarely questioned or disrespected. Can show us he was paying attention in spelling, or in community and personal assessment of any given situation classes. Then being able to control his personal feelings with so much power and will, that your emotions control your limited capacity to reason. With you being able to concentrate,( I would assume, that your math skills are generally at the same level) on your direct deposit. You then be able to write your fictitious dream about all the "shit head" victims you deal with daily, and resume your activities with your gun toting, dope smoking playmate. We will then help your shit head victims, our neighbors, to look or find their stolen cars and properties. And you can go home knowing this community is in very good hands, and polish your badge and gun. Then find and smell your own wife's change. What type of first-aid do use on a "shot at"? And to all of us that one day need an OFFICER OF THE LAW for help or rescue, you better hope this high paid, and going up. Lame ass, doesn't show up with his cars a/c or any other mental problem drama package on board.
Get Real
The preceding comment was in support of the original post. I did not make that clear in the post, and it appeared after a post that was clearly the prose of an uneducated right wing armchair quarterback with a shady past. I in no way wanted anyone to think I was remotely supporting this nut.
Dear Chief Justice
Dear Chief Justice Berch:
U.S. Supreme Court Justice Frankfurter once said: "The Court's authority possessed of neither the purse nor the sword ultimately rests on sustained public confidence in its moral sanction.” Baker v Carr, 82 S.CT. 691
The public hopes that Ruth McGregor’s resignation and your election as Chief Justice signal a sincere effort by the legal community to restore confidence in the Arizona Supreme Court.
As you know, Canon 2 of the Arizona Code of Judicial Conduct states:
“Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny…”
As publisher of Common Sense II, I am committed to holding all Arizona government institutions—including the courts—to the high standards the public expects as set forth in the Rule of Law. Therefore; from time to time I will bring to your attention, within your administrative capacity, various issues of public concern such as those listed below:
I Will you continue former Chief Justice Ruth McGregor’s policy of sending documents to the lower courts to address the “political concerns” of citizens, and those of radical, race based political activist groups such as Los Abogados? If so, will you also include your own letter of endorsement, even though such action creates the impression of partiality?
II How can the Commission on Judicial Conduct effectively carry out their responsibility to protect the public interest when their offices are located down the hall from yours and they appear to be subordinate to your authority as Chief Justice of the Arizona Supreme Court?
As you are aware, “the test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence, is impaired.” A.C.J.C. Canon 2
On a personal note: Members of the Pima County legal community inform me they hold you in high regard. They assure me you will strive to restore and enhance confidence in our legal system, and our courts. Please let me know if there is anything more I can do to assist you in this endeavor.
Yours truly,
Roy Warden, Publisher
Common Sense II
(520) 881-0535
roywarden1@netzero.net
Cc:
Selected members of the Arizona Legislature and Senate, media outlets, political activist groups including Los Abogados and the Minutemen, and, 1500 Pima County lawyers, judges, prosecutors, and other legal professionals who currently subscribe to Common Sense II.
My husband was pulled over
My husband was pulled over because the cop knew him from years ago and the cop arrested for driving on a revoked license. My husband was hauled to jail and the cop proceeded to search my husbands truck, without permission, is that right?
inventory search clause, not
inventory search clause, not right, but we live in a country dictated by insurance companies and financial interests. Write your congressman, and tell them you're tired of living in a dictatorship run by those interests.
A 2002.Traffic Stop $ 1.175 + seized returned 2010 no charges
I was pulled over for using the diamond lane exit during restricted hours . Officer asked me for my Dl . In which I responded by handing him the court documents as to prove that I was in the process of finalizing the matter of having my Drivers license reinstated by the end of the day . And with my paperwork from being in court that very morning was over $ 1700 in cash . It went from a regular traffic stop to my worst nightmare . placed under arrest and detained while offer waited for another officer to arrive on scene . I was informed that I was under arrest for a stolen vehicle in which was registered to my brother for over 5 yrs showing owner ship . During search of vehicle per officers account found a white powder substance and a altered ID . After being detained under arrest finger printed held in police annex . I was driven by officer half way home . Offer flagged down a taxi driver and gave him a pouch of change he had taken out of truck to pay for the cost of my fair . I had not even one document to show that I was involved with any police contact . When contacting the station mediately dispatch had officer contact me direct because she stated there was no record of my claim . Officer returned my call several minutes later and was yelling so many things I don't even remember what he was suggesting . I just knew I was i to be at the police station at a specific time to get my truck or it would be moved to another location with impound fees . NO charges NO documents nothing . NOW 10 yrs later I am informed that I have property to be returned to me . This incident caused my life to become a nightmare of personal destruction along with 5 criminal driving on suspended citations before I could reverse any of the domino effects from this one incident .. Money was returned , And I was not given any evidence that explained or supported of this taking place . Can Anyone give me the reason . Or the tools I need to research on my own about the effect of it destroying my faith as well as the burden it caused .
Police will just use the
Police will just use the inventory search rule to thwart your constitutional rights from now on, as well as criminalizing insurance violations without actually making them misdemeanors or felonies. Insurance companies and financial industry own the government and they will do anything they can to tie up otherwise law abiding citizens and civil disobedience by any means possible.
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