blog




  • Essay / arizona c. Grant - 599

    Arizona V. Gant 556 US 332Police responded to a report that a home was being used to sell drugs. When they arrived at the house, Gant opened the door and said he expected the homeowner to return home later. Officers left and checked Gant's record and discovered his driver's license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant was not there. Gant returned a short time later and was recognized by the officers. He parked at the end of the driveway and got out of his vehicle. He was placed under arrest 10 feet from his car and was immediately placed in the back of the police car. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine. The question this case raises is whether or not the police had the right to search the car of a person they had just arrested, while the person was handcuffed and placed in the back of a car police? The original rule relating to this case, as seen in New York v. Belton, was that once a police officer had made a lawful arrest of the occupant...