Searches Incident to Arrest in a Vehicle – The Reasonable Suspicion Requirement

“FROM THE CLASSROOM”
Ray Hill, Professor Emeritus, Santa Rosa Junior College

In the Spring of 2009, I was teaching the L.D. #16 - Search & Seizure block in the Basic Academy. The topic was “Searches Incident to Arrest in a Vehicle” under the long-standing Belton Rule (New York v. Belton (1981) 453 US 454). This was a simple rule (now history) – If you arrested someone (no matter for what crime) from the passenger area of a vehicle, you were to search the passenger area (bright line) for any possible weapons, contraband or evidence. This past precedent was based upon officer safety and the theory that suspects in anticipation of arrest will dispossess of illegal goods and stash them in the passenger area.

During the following week, Gant v. Arizona (2009) 556 U.S. 332) was decided by the U.S. Supreme Court (5-4 decision). I had to go back to my students and say forget what I taught you last week, here is the new rule (thus the value of ongoing legal ....

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