The Impact of Arizona V. Gant: Limiting, The Scope of Automobile Searches‪?‬

THE SCOPE of a police officer's search of an automobile incident to the arrest of an occupant has been somewhat limited by a recent U. S. Supreme Court decision. The Court held in Arizona v. Gant, (1) that the search incident to arrest exception to the warrant requirement did not apply to the facts of this case and held that a vehicle search is not authorized incident to a recent occupant's arrest after the arrestee has been secured and cannot access the interior of the vehicle. While investigating Gant for alleged drug activity, Tucson police officers learned that Gant's driver's license had been suspended and that there was an outstanding warrant for his arrest for driving with a suspended license. Officers observed Gant drive by, park and then get out of his automobile and shut the door. While about 30 feet apart, one officer called to Gant and they approached each other meeting 10 to 12 feet from Gant's car. Gant was then arrested and handcuffed.