Supreme Court Issues Ruling On Vehicle Searches

The Supreme Court has revised search incident to arrest rules for vehicles. Law enforcement staff need to take notice.

On April 21st, the Court held that police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the arrestee might gain access to the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. 

In Arizona v. Gant, Gant was arrested for operating a motor vehicle with a suspended driver’s license.  He was arrested, handcuffed, and placed in a nearby patrol vehicle.  A subsequent search of the vehicle incident to arrest led to the discovery of a handgun and drugs in the vehicle.  Gant was convicted in the trial court, but the Arizona Supreme Court reversed, holding that the search incident to arrest was not justifiable, as any safety or destruction of evidence issue had ended with Gant safely in custody and the scene secured. 

In a five to four decision the Supreme Court agreed that an improper search had been conducted.  In its opinion, the Court pointed out the need to revisit the Belton “Brightline Rule,” and to elevate prior decisions that would provide greater protection to the privacy interests of motorists stopped by the police. 

The effect of this decision is that a search of a vehicle incident to arrest will be reasonable only where the recent occupant arrestee remains unsecured and within reaching distance of the passenger compartment at the time of the search, or the offense is one in which an officer reasonably believes that evidence of the crime would be located within the vehicle.  

The practical effect is that a large number of arrests involving only traffic-related offenses would no longer authorize a search incident to arrest.  Commissioned employees are reminded of the importance of clearly articulating reasons that would justify a search incident to arrest of a vehicle in the wake of this decision, and to revisit impound procedures within their unit as an alternative to procedures identified in this decision. 

The legal citation is Arizona v. Gant, No. 07–542. Supreme Court, April 21, 2009. For more information, contact Don Usher, NPS-LETC, at 912-267-3190.