As search and seizure cases go to the Supreme Court, our laws are clarified and a precedent is set for future cases. Over the last 15 years, the laws regarding when the police can search your car for drugs have seen several such clarifications. One of the most important of these cases took place right here in the state of Arizona.
In the 2007 case of Arizona v. Gant, it was determined that, “When the justifications no longer exist because the scene is secure and the arrestee is handcuffed, secured in the back of a patrol car, and under the supervision of an officer, the warrantless search of the arrestee's car cannot be justified as necessary to protect the officers at the scene or prevent the destruction of evidence.” Before this ruling, police were able to search your vehicle incident to arrest even after you were handcuffed in the back of a police car.
This ruling came about in this case after Rodney Gant, of Tucson, was arrested for driving on a suspended license and placed under arrest. Police searched his car after he was arrested, cuffed, and waiting in the police car. During the search, they found drugs in the car that led to Gant’s conviction in court.
If you need help after a drug arrest or police car search in Phoenix, speak with an experienced Phoenix drug lawyer as soon as possible. You can reach a skilled Phoenix drug possession attorney by calling Curry, Pearson & Wooten at 1-888-929-5292 today.