LSTD 453 Midterm Essay Questions Evidence - According to...

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According to the 2009 case of Arizona v. Gant, 556 U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485(2009) under what circumstances may officers conduct a warrantless search of a car interior when the occupant has just been arrested? Please explain detail and give proper Bluebook citation references to your source. Remember this is an essay not a short answer. Under the new interpretation of the Fourth amendment officers may only search the interior of a vehicle during a legal stop and arrest of an individual if and only if the police believe that the individual(s) may access the vehicle at any moment during the arrest to attempt to destroy evidence of some kind (Ingram, 2012). In the case of Arizona v. Gant (2009) the police pulled over and arrested Mr. Gant and the other vehicle occupants and secured them in police vehicles because Mr. Gant was driving under a suspended license. The police began to conduct a thorough search of the vehicle and found cocaine in a jacket pocket in the backseat of the vehicle (Smith & Hester, 2011). The police had no reasonable cause to search the vehicle and if they had claimed they only did a sweep search with the eyes after pulling the occupants out of the vehicle they would in no way have found the cocaine in the jacket pocket. No search is warranted if there is no evidence that relates to the reason the occupant was arrested (Ingram, 2012). In this case there was no reason for a search of the vehicle if the occupant was arrested for

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