Arizona v. Gant

Decision Date25 February 2008
Docket NumberNo. 07–542.,07–542.
Citation76 USLW 3454,76 USLW 3451,128 S.Ct. 1443,170 L.Ed.2d 274,76 USLW 3226,77 USLW 3017,552 U.S. 1230
PartiesARIZONA, petitioner, v. Rodney Joseph GANT.
CourtU.S. Supreme Court
OPINION TEXT STARTS HERE

Case below, 216 Ariz. 1, 162 P.3d 640.

Motion of National Association of Police Organizations, Inc., for leave to file a brief as amicus curiae granted. Petition for *1444 writ of certiorari to the Supreme Court of Arizona granted limited to the following question: Does the Fourth Amendment require law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured?

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34 cases
  • El v. Crain, Case No. ED CV 05-00174 DDP (RZ).
    • United States
    • U.S. District Court — Central District of California
    • June 4, 2008
    ...New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); but see Order Granting Certiorari in Arizona v. Gant, ___ U.S. ___, 128 S.Ct. 1443, 170 L.Ed.2d 274 (2008) (stating question presented as, "Does the Fourth Amendment require law enforcement officers to demonstrate a th......
  • U.S. v. Amos
    • United States
    • U.S. District Court — Eastern District of Tennessee
    • August 6, 2010
    ...However, the scope of review in Gant was explicitly limited to the constitutionality of the search. See Arizona v. Gant, 552 U.S. 1230, 128 S.Ct. 1443, 170 L.Ed.2d 274 (2008) (granting petition for writ of certiorari). Thus, the United States Supreme Court neither reached nor even discussed......
  • U.S. v. Buford
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • February 10, 2011
    ...search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured?” Arizona v. Gant, 552 U.S. 1230, 128 S.Ct. 1443, 170 L.Ed.2d 274 (2008). Therefore, the Court considered only whether the search violated the Fourth Amendment. See S.Ct. R. 14.1(a); Yee ......
  • State v. Coleman
    • United States
    • Iowa Supreme Court
    • February 10, 2017
    ...at 787–90. Further, at the time Vance was pending, the United States Supreme Court had granted certiorari in Arizona v. Gant , 552 U.S. 1230, 128 S.Ct. 1443, 170 L.Ed.2d 274 (2008) (mem.) (Certiorari granted to answer the question: "Does the Fourth Amendment require law enforcement officers......
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