Arizona v. Gant and searches of automobiles incident to arrest: Analysis and recommendations for policy and practice

Abstract

Purpose

The purpose of this paper is to analyze an important new US Supreme Court decision on automobile searches, Arizona v. Gant, and to discuss its implications for police policy and practice.

Design/methodology/approach

Using legal analysis and comparative methods, the paper illustrates how Gant changed settled case law on searches of automobiles incident to arrest, while at the same time leaving important questions unanswered in its wake.

Findings

In Arizona v. Gant (2009), the US Supreme Court held that police may search a motor vehicle incident to arrest, only if the arrestee is unsecured and within reaching distance of the vehicle when the search takes place, or when it is reasonable to believe that officers may find evidence in the vehicle related to the offense for which the arrest was made. This new rule places limitations on police who previously had broad authority to search the passenger compartment of a vehicle whenever the driver or a recent occupant was arrested.

Practical implications

In the wake of Gant, police must adapt their search policies and practices to reflect the new Gant restrictions. Officers should resist the temptation to leave arrestees unsecured while searching a vehicle. At the same time, the seizure of vehicles and subsequent use of inventory searches following an arrest likely will increase.

Originality/value

Police scholars and policy makers will find the analysis of Gant useful in illuminating the legal issues left unresolved by the decision, and the decision's implications for policy and practice.

Citation

Smith, M.R. and Hester, R. (2011), "Arizona v. Gant and searches of automobiles incident to arrest: Analysis and recommendations for policy and practice", Policing: An International Journal, Vol. 34 No. 2, pp. 265-284. https://doi.org/10.1108/13639511111131085