The US Supreme Court got it wrong in Arizona v. Gant: the Court changed a long-standing rule of constitutional law and muddied the legal waters for both the police and the courts

被引：0

作者：

O'Connor, Martin L. ^{[1
]}

机构：

[1] Long Isl Univ, Dept Criminal Justice, CW Post Campus, Brookville, NY 11548 USA

来源：

CRIMINAL JUSTICE STUDIES | 2010年 / 23卷 / 03期

关键词：

Fourth Amendment; search incident to arrest; reason to believe; reaching distance of a vehicle;

D O I：

10.1080/1478601X.2010.502340

中图分类号：

DF [法律]; D9 [法律];

学科分类号：

0301 ;

摘要：

For almost 30 years, police officers who lawfully arrested the occupants of motor vehicles routinely searched the passenger compartment of these vehicles for weapons and evidence of crime. The constitutional authority to engage in these searches came from the clear bright-line direction of the United States Supreme Court in New York v. Belton. In Arizona v. Gant, the Court decided to make a major change in the law regarding these searches and has now muddied the legal waters for both the police and the courts.

引用

页码：209 / 217

页数：9