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
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
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,
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