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Stranger Than Dictum: Why Arizona V. Gant Compels The Conclusion That Suspicionless Buie Searches Incident To Lawful Arrests Are Unconstitutional, Colin Miller
Colin Miller
In its 1990 opinion in Maryland v. Buie, the Supreme Court held that as an incident to a lawful (home) arrest, officers can “as a precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched.” While this holding was actually dictum, thereafter courts categorically concluded that Buie authorizes suspicionless searches of sufficiently large spaces not only in arrest rooms, but also in rooms immediately abutting arrest rooms and connected to arrest rooms by hallways. Buie was one of three Supreme Court …
The Effects, Thirty Years In Hindsight, Of Eliminating The Concept Of Fourth Amendment “Standing”, Robert H. Whorf
The Effects, Thirty Years In Hindsight, Of Eliminating The Concept Of Fourth Amendment “Standing”, Robert H. Whorf
robert h whorf
Abstract – The Effects, Thirty Years in Hindsight, of Eliminating the Concept of Fourth Amendment Standing Copyright 2009 Robert H. Whorf This article presents a novel look at Fourth Amendment “standing” doctrine. It considers a case that has perplexed courts for three decades – Rakas v. Illinois, 439 U.S. 128 (1978). The article chronicles an amazing variety of responses from lower courts in the years following issuance of the decision. Those responses indicate that courts were considerably confused about whether Rakas actually eliminated the concept of 4th Amendment standing by collapsing it into the threshold merits inquiry, or whether Rakas …
“The U. S. Supreme Court Gets It Right In Arizona V. Gant: Justifications For Rules Protect Constitutional Rights”, Shenequa L. Grey
“The U. S. Supreme Court Gets It Right In Arizona V. Gant: Justifications For Rules Protect Constitutional Rights”, Shenequa L. Grey
Shenequa L. Grey
In Arizona v. Gant, 129 S.Ct. 1710 (2009), the United States Supreme Court recently revisited the search of an arrestee’s vehicle pursuant to the “search incident to a lawful arrest” exception to the warrant requirement. The Court held that police may search a vehicle incident to a recent occupant's arrest only if: (1) the arrestee is within reaching distance of the passenger compartment at the time of the search; or (2) if it is reasonable to believe the vehicle contains evidence of the offense of arrest. This decision resolved long debated issues regarding the applicability of this exception as it …