Brief filed: 07/25/2008
Arizona v. Gant
United States Supreme Court; Case No. 07-542
Opinion below 162 P.3d 640 (Ariz. 2007)
The rule in New York v. Belton (1981), which allows the search of a vehicle’s interior incident to a custodial arrest of an occupant of the vehicle, as practiced on state highways, violates the Fourth Amendment and should be overruled. Police may search the passenger compartment of a car incident to an occupant’s arrest only if it is reasonable to believe that the arrestee might access the vehicle after his arrest or that the passenger compartment contains evidence of a crime.
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