Supreme Court {Arizona} tosses drug possession conviction, rules vehicle search illegal

[Ptah]

Source: Arizona Daily Star

By Howard Fischer
Capitol media services
Tucson, Arizona | Published: 07.26.2007

PHOENIX -- Police cannot routinely search the vehicles of people who they arrest,
the Arizona Supreme Court has ruled.

In a 3-2 decision, the high court threw out the drug possession conviction of Rodney Gant.
The majority said Tucson police illegally searched his car after arresting him outside the vehicle --
a search that found narcotics which eventually resulted in his conviction.

Justice Rebecca Berch, writing for the majority, said police have authority in some circumstances
to search a vehicle without a warrant. But she said that is usually limited to situations of
police safety -- like looking for a weapon in the immediate area of the person being
arrested -- or where waiting for a warrant might result in destruction of evidence.

She noted, though, Gant already was handcuffed and in the back of a patrol car.
That, Berch said, means police violated Gant's Fourth Amendment rights against
unreasonable search and seizure.

Read more: http://www.azstarnet.com/sn/hourlyupdate/193543.php


I like this ruling.

[lonestarnot]

1. Cutting prison populations head on, use directly on the forehead.