That officer immedi ately summoned respondent as he got out of his car and, after respondent walked approximately 8-12 feet to meet the officer, placed respondent under arrest for the out standing warrant and for driving with a suspended li cense. As Justice Brennan spe cifically emphasized in his dissenting opinion, Belton's rationale squarely applies even after a recent occupant has been handcuffed and put in a patrol car. Both Belton and Thorn ton reaffirmed that principle. Belton, 453 U.S. at 457-458. When police left the home, they looked up Gant's information and found that not only did he have a suspended license, but that there was also an active warrant for his arrest. J.A. The State of Arizona then petitioned for a writ of certiorari. Citizens have an expectation of privacy; without a good reason, police cannot intrude on that privacy. at 117; Rob inson, 414 U.S. at 234-235 & n.5. Gant was arrested for not only his warrant, but also driving without a license and possession of cocaine. (upholding search initiated 10- 15 minutes after arrestee was placed in patrol car), cert denied, 547 U.S. 1142 (2006). Similarly, in Pennsylvania v. Mimms, 434 U.S. 106 (1977) (per curiam), the Court held that police officers executing a traffic stop may order the driver to exit the vehicle, regardless of whether the officer has any rea son to suspect that the driver threatens his safety.
154, 166-167. Essentially, it answers the question: To what extent may officers search the passenger compartment of a vehicle incident to an arrest? 2004) ("[U]nder Belton a search of the vehicle is allowed * * * even after the defendant was removed from it, handcuffed, and placed in the squad car.") A .gov website belongs to an official government organization in the United States. On August 25, 1999, two Tucson, Arizona, police officers responded to a report of possible drug activity at a residence. Further, the officer's need to pro tect himself and to preserve evidence justifies a search of the area within the arrestee's "immediate control," which the Court has described as "the area from within which [the arrestee] might gain possession of a weapon or destructible evidence."
541 U.S. at 625-629 (Scalia, J., concurring in the judg ment), the temptation to destroy evidence presumably will be just as great in the case of evidence of a crime more serious than the crime of arrest.
In fact, it specifically recognized that the search could extend to containers that "could hold neither a weapon nor evi dence of the criminal conduct for which the suspect was arrested." 37-39, 43. Belton, 453 U.S. at 460. In 2006 alone, 9233 law enforcement officers were assaulted and 12 of the 48 officers feloniously killed in the line of duty were mor tally wounded while attempting arrests.
State v. Gant, 43 P.3d 188, 194 (Ariz. App. JA. Arizona v. Gant held that police may conduct a search of the passenger compartment of a vehicle incident to a lawful arrest, however, they may not conduct a search if there is no possibility that a suspect can access that vehicle. denied, 519 U.S. 856 (1996); United States v. Karlin, 852 F.2d 968, 970-971 (7th Cir. 2. See J.A.
denied, 127 S. Ct. 1005 (2007); People v. Daverin, 967 P.2d 629, 631-632 (Colo. 1998); People v. Bailey, 639 N.E.2d 1278, 1281-1282 (Ill. 1994), cert. See, e.g., Chadwick, 433 U.S. at 15 (search conducted long after defendant was taken into custody was not incident to arrest); Preston v. United States, 376 U.S. 364, 367 (1964) (search cannot be incident to arrest if it is remote in time from the arrest). Thus, while an officer must have probable cause to arrest an individual, the unknown characteristics of that individual and the surrounding environment war rant a bright-line rule that sufficiently protects officers in the field while executing custodial arrests. Study.com has thousands of articles about every at 434-437 (discuss ing Gant, 43 P.3d 188). denied 541 U.S. 1081 (2004); United States v. Lugo, 978 F.2d 631, 634-635 (10th Cir. Ibid. 453 U.S. at 460. An officer approached Gant and handcuffed him, placing him inside a police car. Robbins, 453 U.S. at 431. A bright-line rule is appropriate in the Belton context. The Arizona Supreme Court granted the State's petition for review and, in a 3-2 decision, affirmed the judgment of the court of appeals while vacating its opin ion. 160-162, and that "most other courts * * * have found Belton and Thornton dispositive of the question whether a search like the one at issue was incident to arrest."
A writ of certiorari is used when the law is not clear; here, the State of Arizona wanted SCOTUS to provide better guidelines as to what can be searched incident to an arrest. It would create the same sort of uncertainty from the standpoint of the officer in the field and disarray in the case law that this Court specifically sought to remedy in Belton and Thornton. All other trademarks and copyrights are the property of their respective owners. 2000); Rainey v. Commonwealth, 197 S.W.3d 89, 91, 95 (Ky. 2006), cert. In Thornton v. United States, 541 U.S. 615 (2004), the Court recently reaffirmed Belton's bright-line rule in a factual context closely paralleling the present case. B5, B9 n.4; see J.A. Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured. That concern is unfounded because Belton has built-in limitations that have proven to be clear, workable, and sound in the mine run of cases. It likewise recog nized that, in Thornton v. United States, 541 U.S. 615 (2004), this Court upheld a search on facts that "resem ble" the facts in this case, JA. The Arizona Supreme Court's deci sion undermines that important objective by transform ing a bright-line rule into a totality-of-the-circumstances test for determining whether a threat to officer safety or a need to preserve evidence in any particular case suffi ciently justifies each search. B5; see J.A. Although this Court has found that most Fourth Amendment situations are not amenable to bright-line rules, see United States v. Drayton, 536 U.S. 194, 201 (2002), it has traditionally developed clear, per se rules in cases where such a rule would provide meaningful protection to officers in haz ardous situations without unduly infringing on citizens' privacy. In the Supreme Court of the United States, ON WRIT OF CERTIORARI TO THE SUPREME COURT OF ARIZONA, BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONER, PAUL D. CLEMENT Solicitor General Counsel of Record ALICE S. FISHER Assistant Attorney General MICHAEL R. DREEBEN Deputy Solicitor General ANTHONY A. YANG Assistant to the Solicitor General JOSEPH F. PALMER Attorney Department of Justice Washington, D.C. 20530-0001 (202) 514-2217. Id. Ari zona v. Gant, 538 U.S. 976 (2003). Police received an anonymous tip that drugs were being sold from a house in Tucson, Arizona. 4 The "reasonable to believe" formulation suggested by Justice Scalia presumably refers to probable cause and not a novel standard between probable cause and reasonable suspicion. Believing that the typical Belton search occurs only after the suspect is secure, id. Thornton, 541 U.S. at 623. In Robinson, this Court held that a search inci dent to arrest of an arrestee's person is per se reason able and, accordingly, permissible under the Fourth Amendment, regardless whether the circumstances of the particular case involve one of the twin rationales for such a search as a general matter. 163. 379 So. The uncertainty of such an approach is highlighted by the Arizona Supreme Court's reliance on the "totality of the circumstances" in determining whether "an arres tee is secured." These precedents demonstrate that the search of respondent's vehicle was valid. B4-B5. The Fourth Amendment requires that police obtain a warrant to search a person's property unless an exception applies. 1997), cert. The petitioner in Thornton, who had been handcuffed and placed in a patrol car be fore his vehicle was searched, argued that the search was invalid in part because, on the particular facts of his case, he could not have readily accessed the passenger compartment of his car. When the police confront and arrest the individual while he is in the car or right after he exits the car, it is clear that Belton applies. J.A. Belton, 453 U.S. at 458 (citation omitted). This Court has long recognized that when officers have made a lawful arrest, a search of the person of the arrestee and area within his control "is not only an exception to the warrant requirement of the Fourth Amendment, but is also a 'reasonable' search under that Amendment." The court concluded that the search was incident to respondent's arrest because the police ar rested him seconds after he got out of the car and searched his car immediately after that arrest.
1. Id.
Abdul-Saboor, 85 F.3d at 668-669 (citation omit ted). 170-172. Ibid. at 763.
J.A.
Under the court's decision, the determination whether Belton permits the search of an arrestee's car will require an individualized determination of whether, at the time of the search and "based on the totality of the circumstances," the arrest scene has been "secured" to the point that any threats to officer safety or evidence preservation are sufficiently remote that a search is not justified. This Court's search-incident-to-arrest doctrine rests on the general need to protect officers from potential harm and to preserve evidence "whenever officers effect a custodial arrest" of the recent occupant of a vehicle. Shortly after Gant was detained in a police vehicle, the Arizona Police enacted a search of his vehicle in which they discovered cocaine and a firearm; as a result of this search, Gant was not only charged with … Chadwick, 433 U.S. at 12-13; see Houghton, 526 U.S. at 303.
By that time, a total of four or five officers were at the scene.
At least in the relatively short period of time while officers re main at the scene of an arrest with the arrestee, how ever, there is no readily identifiable point at which a scene may reliably be said to be fully secure. Respondent moved to suppress the evidence found in his vehicle, but the Arizona Superior Court de nied his pretrial motion. 51-58, 61, 71-72, 77-79, 100, 114, 119. at 455-456.
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