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Article
Publication date: 31 May 2011

Michael R. Smith and Rhys Hester

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…

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.

Details

Policing: An International Journal of Police Strategies & Management, vol. 34 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 1 October 1934

ON December 6th Mr. Salter Davies was installed President of the Library Association at Chaucer House in succession to Mr. S. A. Pitt. A word first should be said about the…

Abstract

ON December 6th Mr. Salter Davies was installed President of the Library Association at Chaucer House in succession to Mr. S. A. Pitt. A word first should be said about the Presidency of Mr. Pitt. It has been carried on under handicaps that would have deterred most men in such a post. A severe illness, successfully encountered and gallantly overcome, has been the main personal feature for Mr. Pitt of what should have been the most distinguisned year of a quite eminent library career. We had looked forward to very active work from him during his Presidency, and so far as circumstances permitted, he fulfilled all the obligations laid upon him completely. We can thank him more warmly, if not more sincerely, than perhaps would ordinarily be the case, because of the difficulties he has victoriously surmounted. With newly established health, we wish for him a continuance of the great work he has done for librarianship not only in Glasgow but in the Library Association and in the world of libraries generally.

Details

New Library World, vol. 37 no. 5
Type: Research Article
ISSN: 0307-4803

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