Below is an article I came across on the U.S. Supreme Court’s decision in Arizona v. Gant (ruling that law enforcement can’t automatically search a car solely based upon an occupant being arrested). The article, and the previous one mentioned, are worth a read:
Editor: Colin Miller, Univ. of South Carolina School of Law | Monday, October 6, 2014
Back in 2009, I published the article, Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches Incident to Lawful Arrests are Unconstitutional. At the same time, I noted in the blog post Arizona v. Gant: A Windfall For The Government? that a portion of Gant could be read to favor the government and cited People v. Osborne, 2009 WL 2026328 (Cal. App. 1 Dist. 2009), as support for my conclusion. Now, my new colleague, Seth Stoughton, has uncovered a case that provides an even better illustration of this point. Here is his analysis of that case…
Read the entire article here:
http://lawprofessors.typepad.com/evidenceprof/2014/10/back-in-2009-i-published-the-articlestranger-than-dictum-why-arizona-v-gant-compels-the-conclusion-that-suspicionless-bui.htm