Wednesday, April 22, 2009

U.S. Supreme Court Comes Through

The US Supreme Court ruled yesterday that the Fourth Amendment is not a distant memory after all. In Arizona v. Gant (5-4, not the usual suspects) the Court ruled that a search incident for driving on a suspended license is improper because there is no evidence to be secreted for that offense. Chimel v. California, after 28 years, is finally returned to its roots. Belton is now limited to its facts and situation--search incident is no longer a license to search a car on the officer's whim, and there has to be possible evidence to be obtained. 

For the police perspective on the ruling, which I am sure that we will be seeing soon, check out policeone.com's perspective.

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