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. 1710 (2009), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Gant argues that officers will still need to conduct a case-by-case analysis even if Arizona’s position is accepted, but that officers would then need to determine whether the arrestee was a “recent occupant” of the vehicle or whether the search was a “contemporaneous incident.” The Supreme Court stated that exceptions to the Fourth Amendment warrant requirement must be justified by concerns for officer safety or evidence preservation. Arizona v. Gant, 556 U.S. 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. He was handcuffed and locked in a patrol car before officers searched the The issue raised in this case, however, was decided by the U.S. Supreme Court later in the same term. Written and curated by real attorneys at Quimbee. Get Arizona v. Gant, 129 S.Ct. The Arizona Court of Appeals reversed, holding the search unconstitutional, and the Arizona Supreme Court agreed. Case Summary of Arizona v. Gant: Gant was pulled over and arrested for driving while license suspended. Arizona v. Gant presented a perfect opportunity for the Court to answer that question. Among the exceptions to the warrant requirement i… Gant moved to have the evidence suppressed as the result of an improper search. Consistent with our precedent, our analysis begins, as it should in every case addressing the reasonableness of a warrantless search, with the basic rule that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment--subject only to a few specifically established and well-delineated exceptions." After being cuffed and secured in the back of a cop car, officers searched his car and found a gun and drugs. On October 20, 2003, without issuing a decision in the case, the Court sent it back to Arizona state court for further consideration in light of the Arizona case State v. Dean. Katz v. United States, 389 U. S. 347, 357 (1967) (footnote omitted). Arizona v. Gant: The Facts and the Holding Shortly after parking and exiting his vehicle, Gant was arrested for driving on a suspended license. The court convicted Gant on two counts of cocaine possession.
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