Arizona v. Gant
Rodney Gant had a suspended driver's license and an outstanding warrant for his arrest. Police officers were at his house looking for him when he drove up. Gant left his car and started walking toward the officer, who arrested him and placed him in the back of the patrol car. Officers then searched Gant's car, where they found a handgun and a plastic bag of cocaine. The 4th Amendment generally prohibits warrantless searches without probable cause, but in New York v. Belton the Supreme Court held that police may search the entire passenger area of a vehicle as a "contemporaneous incident" to a lawful arrest. Gant moved to suppress the admission of the handgun and cocaine, claiming that no exceptions to the 4th Amendment's warrant requirement applied to the search. The trial court denied the motion and Gant was convicted on drug charges. The Arizona court of appeals reversed and the supreme court affirmed, holding that Belton was inapplicable to this case because the police did not initiate contact with Gant before he left his car. Thus, the search of the car was not incidental to the arrest and was unconstitutional.
Question Presented
When police arrest the recent occupant of a vehicle outside the vehicle, are they precluded from searching the vehicle pursuant to New York v. Belton unless the arrestee was actually or
constructively aware of the police before getting out of the vehicle?
Supreme Court Opinion (Summary Disposition)
