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Law and Race Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

Criminal Procedure

2012

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Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper Jan 2012

Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper

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For 28 years the Court held that an officer's search incident to arrest powers automatically extended to the entire passenger compartment of a vehicle. In 2009, however, the Arizona v. Gant decision held that officers do not get to search a vehicle incident to arrest unless they satisfy (1) the Chimel v. California Court's requirement that the suspect has access to weapons or evanescent evidence therein or (2) the United States v. Rabinowitz Court's requirement that the officer reasonably believe evidence of the crime of arrest will be found therein. While many scholars read Gant as a ...