Page 24 - TPA Journal July August 2018

DATE: May 18, 2018

TO: Peter Hermosa, Emily Taylor, Kyle Beam

FROM: Cris Andersen

SUBJECT: Special Report: 5 Things Every LEO Should Know About Arizona v. Gant

Brothers and sisters in law enforcement, About Arizona v. Gant will assist you in making
good decisions about when to conduct a
In last months column titled 5 Things Every LEO
warrantless search of an arrestees vehicle.
Should Know About Warrantless Search
Authorities, we discussed a peace officer s legal New York v. Belton Under the long-standing
right to conduct warrantless searches in several Belton rule, once a law enforcement officer had
different scenarios. One of the scenarios discussed arrested the occupant of a motor vehicle, the
involved searching motor vehicles incident to the officer could search the entire passenger
lawful custodial arrest of an occupant and in this compartment of the vehicle and its containers,
months article Id like to expand that discussion regardless of whether the occupant had been
to include changes brought about by case law, removed or voluntarily exited the vehicle and was
specifically the case of Arizona v. Gant, 129 S.Ct. secured with handcuffs or by some other method.
1710 (2009). Because traffic stops are still the The Belton decision granted law enforcement
most common interaction between law officers the legal authority to search the entire
enforcement and members of the public, arrests passenger compartment of the vehicle, including
arising from these encounters will likely result in open or closed containers, following any custodial
the search of the arrestees vehicle, so it is arrest of an occupant. Its important to recall the
essential that each of us know our limitations definition of a container in the 1981 Belton case
when searching vehicles in these scenarios. Make still applies today and includes any object capable
no mistake, the opinions expressed in the Gant of holding another object. Containers recognized
case differ considerably from the benchmark under the Belton decision include closed or open
vehicle search case titled New York v. Belton, 453 glove compartments, consoles or other receptacles
U.S. 454 (1981) and they limit the scope of a located anywhere within the passenger
search of vehicles incident to custodial arrest. The compartment, luggage, boxes, backpacks, bags,
following 5 Things Every LEO Should Know clothing, and the like.

20 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal