Cindy Cedeno
Law 212
Prof. Consumano
10-14-2016
Case Brief.
Title and Citation: Arizona V. Gant 556 US. 332
Facts of the Case: Gant was arrested for driving with a suspended license, He was handcuffed and locked in the back of Arizona police car. As a result, Officers searched Gant's car and found a gun and a bag of cocaine in a pocket of a jacket located in the back seat of the car. Gant was arrested and charged with possession of drug paraphernalia, and narcotic drug for sale. As a consequence, Gant guilty of both counts and was sentenced to 3 years imprisonment. At the trial,Gant’s lawyer placed a motion to suppress the evident because it was obtained from his car without a warrant, stating that it was a violation of Gant’s fourth amendment right. Gant counsel argued that the police officer was not entitled to search the car because Gant was arrested for a traffic offense. The Arizona Lower court rejected the motion on the grounds that the police officer had probable cause to search the car. The judge stated that the police officer saw Gant driving without a license and was arrested after his got out of his car. Also, that the exception to the fourth amendment is that if the police officer …show more content…
Arizona case, highlight the requirements of a search and seizure under the fourth amendment . In this case , the supreme court describes that police officers cannot search a vehicle without a warrant unless the police officers believe that the arrestee has had access to the vehicle after the was arrested. Yet, if the officer is certain that the arrestee had access to the car after been placed under arrests and it contains evidence. This is the only exception the Supreme court establish a search in a car passenger compartment. But in Gant V. Arizona there was no evidence that the police need to search because Gant did not have access to the car after been detained. Also, Gant was arrested for a suspended license which did not require a
Law 212
Prof. Consumano
10-14-2016
Case Brief.
Title and Citation: Arizona V. Gant 556 US. 332
Facts of the Case: Gant was arrested for driving with a suspended license, He was handcuffed and locked in the back of Arizona police car. As a result, Officers searched Gant's car and found a gun and a bag of cocaine in a pocket of a jacket located in the back seat of the car. Gant was arrested and charged with possession of drug paraphernalia, and narcotic drug for sale. As a consequence, Gant guilty of both counts and was sentenced to 3 years imprisonment. At the trial,Gant’s lawyer placed a motion to suppress the evident because it was obtained from his car without a warrant, stating that it was a violation of Gant’s fourth amendment right. Gant counsel argued that the police officer was not entitled to search the car because Gant was arrested for a traffic offense. The Arizona Lower court rejected the motion on the grounds that the police officer had probable cause to search the car. The judge stated that the police officer saw Gant driving without a license and was arrested after his got out of his car. Also, that the exception to the fourth amendment is that if the police officer …show more content…
Arizona case, highlight the requirements of a search and seizure under the fourth amendment . In this case , the supreme court describes that police officers cannot search a vehicle without a warrant unless the police officers believe that the arrestee has had access to the vehicle after the was arrested. Yet, if the officer is certain that the arrestee had access to the car after been placed under arrests and it contains evidence. This is the only exception the Supreme court establish a search in a car passenger compartment. But in Gant V. Arizona there was no evidence that the police need to search because Gant did not have access to the car after been detained. Also, Gant was arrested for a suspended license which did not require a