Changes to quest Incident to Arrest After Arizona Vs Gant

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Clients often ask criminal defense attorneys either the police can lawfully hunt their vehicle after being arrested by the police.

In short, the rejoinder may depend as to the fancy for the arrest. In the event that the police arrest an individual for a traffic-related offense (i.e. Driving while license suspended, leaving the scene of an accident, etc.) the police may be barred from searching the arrestee's vehicle after the arrestee has been detained outside of the vehicle. Conversely, if the police arrest an individual for a drug-related offense (i.e. Proprietary of marijuana settled in plain view in the center console) a hunt of the arrestee's vehicle is likely permitted even if the police have detained the arrestee outside their vehicle.

The law is well-settled that the police cannot hunt an arrestee's vehicle without a warrant signed by a neutral and detached magistrate unless they can point to valid irregularity to the warrant requirement. One such irregularity to the warrant requirement is "search incident to a legal arrest." This singular irregularity derives from interest in officer safety and evidence preservation that are typically concerned in arrest situations.

The police may hunt a vehicle incident to modern occupant's arrest "only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search" or when it is "reasonable to believe evidence relevant to the crime of the arrest might be found in the vehicle." When these justifications are absent, a hunt of the arrestee's vehicle will be unreasonable unless the police procure a warrant or show that other irregularity to the warrant requirement applies (i.e. Consent).

In the modern landmark decision of Arizona v. Gant, 129 U.S. 1710 (2009), the United States consummate Court held that the hunt of the defendant's vehicle was unreasonable where the defendant "was clearly not within reaching distance of his car" because he was handcuffed in a patrol car at the time of the search. In Gant, law enforcement arrested the defendant for driving with a suspended license. Relying on the irregularity to the warrant requirement of "search incident to a legal arrest", and although Gant was lawfully detained outside his vehicle, law enforcement searched Gant's vehicle and settled a weapon and a bag of cocaine. The consummate Court found the hunt unreasonable and reasoned that the law does not authorize a vehicle hunt incident to a modern occupant's arrest after the arrestee has been secured and cannot way the interior of the vehicle as law enforcement could not have reasonably believed that they would find evidence relevant to the offense of the arrest, in this case, driving with a suspended license.

In Florida, the Second District Court of Appeals in State v. K.S., 28 So.3d 985 (Fla. 2nd Dca, 2010), recently relied on Gant when keeping that the police could not elucidate the hunt of the defendant's vehicle after the police detained the defendant for fleeing and eluding law enforcement. The Second D.C.A. Reasoned that the hunt was unreasonable because the police could not have reasonably believed that they would find evidence of the defendant's crime (fleeing and eluding law enforcement) while a hunt of the vehicle.

Moving forward, the Courts will elucidate the impact of Gant on a case by case basis. As such, if you or a family member is arrested for a crime in Florida where the basis of the arrest is evidence obtained by law enforcement (i.e. Drugs, weapons, etc.) while a hunt of your vehicle, it is foremost to immediately palpate a criminal defense lawyer who is customary with Gant and its progeny. A skilled Fort Lauderdale criminal defense lawyer may be able to fashion a viable request for retrial to Suppress all evidence seized as a succeed of an unlawful hunt and seizure.

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