Cook County Public Defenders Blog

After arresting the driver of a car the police may search that car….or maybe not. In Arizona v Grant,  2007 Ariz. LEXIS 73 the usually pro state Arizona Supreme Court said the following.”This case requires us to determine whether the search incident to arrest exception to the Fourth Amendment’s warrant requirement permits the warrantless search of an arrestee’s car when the scene is secure and the arrestee is handcuffed, seated in the back of a patrol car, and under the supervision of a police officer. We hold that in such circumstances, a warrantless search is not justified.”Not surprisingly, the U.S. Supreme Court has granted certiori at 2008 U. S. LEXIS 2022. Until such time as the U.S. Supreme Court explains how the Arizona court’s clear reasoning is in error, members should raise this issue in car search cases.

This entry was posted on Tuesday, May 13th, 2008 at 2:09 pm and is filed under Hot Legal Topics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.