13-711: [REDACTED] Look up gant or Gant in Wiktionary, the free dictionary. Gant may refer to: Gant (surname) Gant (retailer) , an international brand of clothing and accessories Places [ edit ] Gant, Poland Gánt , a village in Hungary Gant, the Catalan name for Ghent , Belgium Gants Hill , in East London, England Entertainment [ edit ] 187 Lockdown ,
26-426: A 1990s British electronic duo that released under the name Gant See also [ edit ] Arizona v. Gant , a 2008 United States Supreme Court case Gantt (disambiguation) Gantt chart , a type of time-planning chart Gantz (disambiguation) Ganz (disambiguation) Ganz (surname) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
39-426: A 1990s British electronic duo that released under the name Gant See also [ edit ] Arizona v. Gant , a 2008 United States Supreme Court case Gantt (disambiguation) Gantt chart , a type of time-planning chart Gantz (disambiguation) Ganz (disambiguation) Ganz (surname) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
52-476: 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. Justice Scalia wrote a concurring opinion, stating that "we should simply abandon the Belton- Thornton charade of officer safety and overrule those cases. I would hold that
65-493: A vehicle search incident to arrest is ipso facto 'reasonable' only when the object of the search is evidence of the crime for which the arrest was made, or of another crime that the officer has probable cause to believe occurred." Justice Alito wrote a dissent joined by Chief Justice Roberts , Justice Kennedy and Justice Breyer in part, arguing that the court could not overrule New York v. Belton and Thornton v. United States , 541 U. S. 615 (2004). Justice Breyer wrote
78-472: The court to overturn the 1981 case of New York v. Belton that granted police the authority to search a person's vehicle even if the person is not in the vehicle. According to Tomkovicz, Belton failed to meet the constitutional standard of probable cause . In an opinion delivered by Justice Stevens , the Supreme Court held that police may search the passenger compartment of a vehicle incident to
91-461: The 💕 [REDACTED] Look up gant or Gant in Wiktionary, the free dictionary. Gant may refer to: Gant (surname) Gant (retailer) , an international brand of clothing and accessories Places [ edit ] Gant, Poland Gánt , a village in Hungary Gant, the Catalan name for Ghent , Belgium Gants Hill , in East London, England Entertainment [ edit ] 187 Lockdown ,
104-600: The initial justification 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." Gant argued, and the court ultimately agreed, that such application of the Belton rule caused the exception to "swallow the rule," allowing unconstitutional searches. A group of legal scholars, including University of Iowa law professor James Tomkovicz , wrote an amicus curiae brief asking
117-508: The officers searched Gant's vehicle and found a weapon and a bag of cocaine , they also charged him with possession of a narcotic drug for sale and possession of drug paraphernalia. Gant's counsel 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 had been occurring. Lower courts had been permitting searches that occurred after
130-485: The title Gant . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Gant&oldid=1179208787 " Categories : Disambiguation pages Place name disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages gant From Misplaced Pages,
143-521: The title Gant . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Gant&oldid=1179208787 " Categories : Disambiguation pages Place name disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Arizona v. Gant Arizona v. Gant , 556 U.S. 332 (2009),
SECTION 10
#1732781055131156-404: The vehicle's recent occupants have been arrested and secured. The case involved Rodney J. Gant, who was arrested by Tucson, Arizona police on an outstanding warrant for driving with a suspended driver’s license . 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 . After
169-567: 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
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