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View Full Version : Gant and what it means to the rank and file?


1911su16b870
04-27-2009, 9:23 PM
So far this is my thinking on the practical application of the SCOTUS decision:

First what it doesn't mean:

1. Still can do a consensual vehicle search.
2. Search the vehicle if you have reasonable suspicion that evidence of the crime you have arrested the suspect for is in the vehicle.
3. Still can do the inventory search prior to towing as resulting from vehicle impound/storage.
4. Search the passenger area of a vehicle for weapon(s) if the subject can/could access them, but is not arrested.

Can not:

A. Search a vehicle after an arrest was made without a search warrant.

Chime in if I'm 10-1 or 10-2.

bluestaterebel
04-27-2009, 11:09 PM
havent read it yet. are you saying can no longer do wingspan search of a person arrested in a vehicle?

Triad
04-28-2009, 7:55 AM
If I read it correctly it sounded like, if I don't handcuff my 10-15, and sat him on the curb, a short distance away while my partner watches him, we'd still be good to go for a search.

I'd be setting myself up for a foot pursuit and potential officer safety questions later though...

1911su16b870
04-28-2009, 8:04 AM
havent read it yet. are you saying can no longer do wingspan search of a person arrested in a vehicle?

Take a look at the ruling and let me know what you read. From my current understanding, and please bear in mind, I am posting as questioning/confirming my current understanding:

You may not search the vehicle unless evidence of the crime you have arrested the suspect for would be in the vehicle. i.e. As in Az v. Gant, you've arrested someone for 12500(a), you may not search the vehicle unless you obtain a search warrant.

If the arrested person can have access to the vehicle (which I do not see that ever occuring after arrest), then you may do the weapons search in the vehicle.

You may search the person for weapons, if you have reasonable suspicion that person has weapon(s) on him, or search the vehicle if weapon(s) are accessible to him. In Ganz, he was cuffed and in the unit for driving on a suspended license, so he could not access the vehicle, thus they were not allowed to search the vehicle w/o a warrant.

p7m8jg
04-28-2009, 8:07 AM
Don't panic. SCOTUS didn't like the cops response to searching the car on a driver arrested for driving on a suspended license.

Why did you search it?
Because I can.

Bad facts make bad law. Write your reports to cover your reasonableness for searching post arrest - cars are transitory/evidence gets lost/you have some background to believe there's something there, etc. Nobody in GANT said that they search the car to find ID on a 14601 driver - maybe he's got a copy of his notice of suspension in the glove box - would help nail down knowledge at trial.

It all comes down to how you write your report. Period.

Plus Alito (I think) screwed us and made a majority opinion just because he didn't want a 4-1-4 decision. Period. What a stupid reason. Now we'll have mounds of litigation trying to interpret GANT. No reason for it.