was ridnet gant a lawyer when he was arrested in arizona v. gant

How was Gant arrested?

Mar 17, 2017 · Gant, Supreme Court of the United States, (2009) Case Summary of Arizona v. Gant: Gant was pulled over and arrested for driving while license suspended. After being cuffed and secured in the back of a cop car, officers searched his car and found a gun and drugs. Gant moved to have the evidence suppressed as the result of an improper search.

What happened to John Gant in the Arizona Supreme Court?

Arizona v. Gant 566 U.S. 332 (2009) (Case Syllabus edited by the Author) Respondent Gant was arrested for driving on a suspended license, handcuffed, and locked in a patrol car before officers searched his car and found cocaine in a jacket pocket. The Arizona trial court denied his motion to suppress the evidence, and he was convicted of drug offenses.

What happened to Gant in New York v Gant?

ARIZONA, PETITIONER v. RODNEY JOSEPH GANT. on writ of certiorari to the supreme court of arizona [April 21, 2009] Justice Stevens delivered the opinion of the Court. After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the back of a patrol car, police officers searched his car and discovered cocaine in ...

Who delivered the opinion in Rodney Gant v Gant?

ARIZONA, PETITIONER v. RODNEY JOSEPH GANT. on writ of certiorari to the supreme court of arizona [April 21, 2009] Justice Stevens delivered the opinion of the Court. After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the back of a patrol car, police officers searched his car and discovered cocaine in ...

Who is Rodney Gant?

What was Gant charged with?

What did the court rule in Arizona v Gant?

When was Gant arrested?

Does Arizona v Gant help law enforcement?

When was Arizona v Gant decided?

How did the US Supreme Court rule in the recent Arizona v Gant case on searches quizlet?

What happened in the Miranda vs Arizona case?

Which US Supreme Court case created the exclusionary rule?

Why did Scotus find that the search of Gant's car was unreasonable?

What did Horton v California do?

What is the Payton rule?

Where was Gant arrested?

Police arrested Gant in a friend's yard after he had parked his vehicle and was walking away. Gant and all other suspects on the scene were then secured in police patrol cars. The officers then searched Gant's vehicle.

What is the meaning of the Fourth Amendment in Arizona v. Gant?

332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.

Which case gave police the authority to search a person's vehicle even if that person is not in the vehicle

A group of legal scholars, including University of Iowa law professor James Tomkovicz, wrote an amicus curiae brief asking the court to overturn the 1981 case, New York v. Belton, that granted police the authority to search a person's vehicle even if that person is not in the vehicle.

Who argued the Belton case?

Thomas Frank Jacobs (Tucson, Arizona), lead counsel for Rodney Gant, argued the case before the U.S. Supreme Court on October 7, 2008. Jacobs argued that an unreasonable expansion of a limited authority to search vehicles incident to arrest provided by the Supreme Court's 1981 decision in New York v. Belton was occurring. Lower courts were allowing searches after the initial justifications for setting aside the Fourth Amendment's warrant requirement had ceased to exist, relying on a so-called bright-line rule of "if arrest, then search." Jacobs argued, and the Court ultimately agreed, that such application of the Belton exception caused the exception to "swallow the rule," allowing unconstitutional searches.

Who wrote the dissent in New York v. Belton?

Justice Alito wrote a dissent joined by Chief Justice Roberts, Justice Kennedy, and Justice Breyer in part, saying that the court could not overrule New York v. Belton and Thornton v. United States, 541 U. S. 615 (2004).

Can police search a vehicle without a warrant?

In an opinion delivered by Justice Stevens, the Supreme Court held that police may search the passenger compartment of a vehicle, incident to a recent occupant's arrest (and therefore without a warrant) 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.

What was Rodney Gant arrested for?

Justice Stevens delivered the opinion of the Court. After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the back of a patrol car, police officers searched his car and discovered cocaine in the pocket of a jacket on the backseat.

How long was Gant in jail?

A jury found Gant guilty on both drug counts, and he was sentenced to a 3-year term of imprisonment. After protracted state-court proceedings, the Arizona Supreme Court concluded that the search of Gant's car was unreasonable within the meaning of the Fourth Amendment.

Why did Griffith call for backup?

Because the other arrestees were secured in the only patrol cars at the scene , Griffith called for backup. When two more officers arrived, they locked Gant in the backseat of their vehicle. After Gant had been handcuffed and placed in the back of a patrol car, two officers searched his car: One of them found a gun, and the other discovered a bag of cocaine in the pocket of a jacket on the backseat.

Why did the Arizona Supreme Court rule that Gant could not have accessed his car?

Because Gant could not have accessed his car to retrieve weapons or evidence at the time of the search, the Arizona Supreme Court held that the search-incident-to-arrest exception to the Fourth Amendment's warrant requirement , as defined in Chimel v.

Which case is best read as setting forth a bright line rule that permits a warrantless search of the passenger compartment

I agree with Justice Alito that New York v. Belton , 453 U. S. 454 (1981), is best read as setting forth a bright-line rule that permits a warrantless search of the passenger compartment of an automobile incident to the lawful arrest of an occupant--regardless of the danger the arrested individual in fact poses. I also agree with Justice Stevens, however, that the rule can produce results divorced from its underlying Fourth Amendment rationale. Compare Belton, supra, with Chimel v. California, 395 U. S. 752, 764 (1969) (explaining that the rule allowing contemporaneous searches is justified by the need to prevent harm to a police officer or destruction of evidence of the crime). For that reason I would look for a better rule--were the question before us one of first impression.

Why do we reject the State's argument?

For several reasons, we reject the State's argument. First, the State seriously undervalues the privacy interests at stake. Although we have recognized that a motorist's privacy interest in his vehicle is less substantial than in his home, see New York v. Class, 475 U. S. 106, 112-113 (1986), the former interest is nevertheless important and deserving of constitutional protection, see Knowles, 525 U. S., at 117. It is particularly significant that Belton searches authorize police officers to search not just the passenger compartment but every purse, briefcase, or other container within that space. A rule that gives police the power to conduct such a search whenever an individual is caught committing a traffic offense, when there is no basis for believing evidence of the offense might be found in the vehicle, creates a serious and recurring threat to the privacy of countless individuals. Indeed, the character of that threat implicates the central concern underlying the Fourth Amendment--the concern about giving police officers unbridled discretion to rummage at will among a person's private effects. 5

What happened to the owner of 2524 North Walnut Avenue in Tucson?

On August 25, 1999, acting on an anonymous tip that the residence at 2524 North Walnut Avenue was being used to sell drugs, Tucson police officers Griffith and Reed knocked on the front door and asked to speak to the owner. Gant answered the door and, after identifying himself, stated that he expected the owner to return later. The officers left the residence and conducted a records check, which revealed that Gant's driver's license had been suspended and there was an outstanding warrant for his arrest for driving with a suspended license.

What was Rodney Gant arrested for?

Justice Stevens delivered the opinion of the Court. After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the back of a patrol car, police officers searched his car and discovered cocaine in the pocket of a jacket on the backseat.

What was the charge against Gant?

Gant was charged with two offenses—possession of a narcotic drug for sale and possession of drug paraphernalia ( i.e., the plastic bag in which the cocaine was found). He moved to suppress the evidence seized from his car on the ground that the warrantless search violated the Fourth Amendment .

Why is Belton and Thornton unnecessary?

Contrary to the State’s suggestion, a broad reading of Belton is also unnecessary to protect law enforcement safety and evidentiary interests. Under our view, Belton and Thornton permit an officer to conduct a vehicle search when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest. Other established exceptions to the warrant requirement authorize a vehicle search under additional circumstances when safety or evidentiary concerns demand. For instance, Michigan v. Long, 463 U. S. 1032 (1983) , permits an officer to search a vehicle’s passenger compartment when he has reasonable suspicion that an individual, whether or not the arrestee, is “dangerous” and might access the vehicle to “gain immediate control of weapons.” Id., at 1049 (citing Terry v. Ohio, 392 U. S. 1, 21 (1968) ). If there is probable cause to believe a vehicle contains evidence of criminal activity, United States v. Ross, 456 U. S. 798, 820 –821 (1982) , authorizes a search of any area of the vehicle in which the evidence might be found. Unlike the searches permitted by Justice Scalia ’s opinion concurring in the judgment in Thornton, which we conclude today are reasonable for purposes of the Fourth Amendment , Ross allows searches for evidence relevant to offenses other than the offense of arrest, and the scope of the search authorized is broader. Finally, there may be still other circumstances in which safety or evidentiary interests would justify a search. Cf. Maryland v. Buie, 494 U. S. 325, 334 (1990) (holding that, incident to arrest, an officer may conduct a limited protective sweep of those areas of a house in which he reasonably suspects a dangerous person may be hiding).

Why did the Arizona Supreme Court rule that Gant could not have accessed his car?

Because Gant could not have accessed his car to retrieve weapons or evidence at the time of the search, the Arizona Supreme Court held that the search-incident-to-arrest exception to the Fourth Amendment ’s warrant requirement, as defined in Chimel v. California, 395 U. S. 752 (1969) , and applied to vehicle searches in New York v.

Why did Griffith call for backup?

Because the other arrestees were secured in the only patrol cars at the scene , Griffith called for backup. When two more officers arrived, they locked Gant in the backseat of their vehicle. After Gant had been handcuffed and placed in the back of a patrol car, two officers searched his car: One of them found a gun, and the other discovered a bag of cocaine in the pocket of a jacket on the backseat.

Why do we reject the State's argument?

For several reasons, we reject the State’s argument. First, the State seriously undervalues the privacy interests at stake. Although we have recognized that a motorist’s privacy interest in his vehicle is less substantial than in his home, see New York v. Class, 475 U. S. 106, 112 –113 (1986) , the former interest is nevertheless important and deserving of constitutional protection, see Knowles, 525 U. S., at 117. It is particularly significant that Belton searches authorize police officers to search not just the passenger compartment but every purse, briefcase, or other container within that space. A rule that gives police the power to conduct such a search whenever an individual is caught committing a traffic offense, when there is no basis for believing evidence of the offense might be found in the vehicle, creates a serious and recurring threat to the privacy of countless individuals. Indeed, the character of that threat implicates the central concern underlying the Fourth Amendment —the concern about giving police officers unbridled discretion to rummage at will among a person’s private effects. 5

Did Gant have access to his vehicle?

The State does not seriously disagree with the Arizona Supreme Court’s conclusion that Gant could not have accessed his vehicle at the time of the search, but it nevertheless asks us to uphold the search of his vehicle under the broad reading of Belton discussed above. The State argues that Belton searches are reasonable regardless of the possibility of access in a given case because that expansive rule correctly balances law enforcement interests, including the interest in a bright-line rule, with an arrestee’s limited privacy interest in his vehicle.

Why was Rodney Gant arrested?

Justice Stevens delivered the opinion of the Court. After Rodney Gant was arrested for driving with a suspended license, handcuffed, and locked in the back of a patrol car, police officers searched his car and discovered cocaine in the pocket of a jacket on the backseat. Because Gant could not have accessed his car to retrieve weapons ...

What was the charge against Gant?

Gant was charged with two offenses—possession of a narcotic drug for sale and possession of drug paraphernalia ( i.e., the plastic bag in which the cocaine was found). He moved to suppress the evidence seized from his car on the ground that the warrantless search violated the Fourth Amendment.

Why did Belton not authorize the search of his vehicle?

Among other things, Gant argued that Belton did not authorize the search of his vehicle because he posed no threat to the officers after he was handcuffed in the patrol car and because he was arrested for a traffic offense for which no evidence could be found in his vehicle.

Why did the Arizona Supreme Court rule that Gant could not have accessed his car?

Because Gant could not have accessed his car to retrieve weapons or evidence at the time of the search, the Arizona Supreme Court held that the search-incident-to-arrest exception to the Fourth Amendment ’s warrant requirement, as defined in Chimel v. California, 395 U. S. 752 (1969) , and applied to vehicle searches in New York v.

Which case is best read as setting forth a bright line rule that permits a warrantless search of the passenger compartment

I agree with Justice Alito that New York v. Belton , 453 U. S. 454 (1981) , is best read as setting forth a bright-line rule that permits a warrantless search of the passenger compartment of an automobile incident to the lawful arrest of an occupant—regardless of the danger the arrested individual in fact poses. I also agree with Justice Stevens, however, that the rule can produce results divorced from its underlying Fourth Amendment rationale. Compare Belton, supra, with Chimel v. California, 395 U. S. 752, 764 (1969) (explaining that the rule allowing contemporaneous searches is justified by the need to prevent harm to a police officer or destruction of evidence of the crime). For that reason I would look for a better rule—were the question before us one of first impression.

How long was Gant in jail?

A jury found Gant guilty on both drug counts, and he was sentenced to a 3-year term of imprisonment. After protracted state-court proceedings, the Arizona Supreme Court concluded that the search of Gant’s car was unreasonable within the meaning of the Fourth Amendment.

What did the officers find in Gant's car?

After Gant had been handcuffed and placed in the back of a patrol car, two officers searched his car: One of them found a gun, and the other discovered a bag of cocaine in the pocket of a jacket on the backseat.

Overview

Arguments before the Court

Thomas Frank Jacobs (Tucson, Arizona), lead counsel for Rodney Gant, argued the case before the U.S. Supreme Court on October 7, 2008. Jacobs argued that an unreasonable expansion of a limited authority to search vehicles incident to arrest provided by the Supreme Court's 1981 decision in New York v. Beltonwas occurring. Lower courts were allowing searches after the initial justifications for setting aside the Fourth Amendment's warrant requirement had ceased to exist…

Background

Opinion of the Court

See also

Further reading

External links