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SCOTUS looking at search incident to arrest

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March 03, 2008, 10:25
JAS
SCOTUS looking at search incident to arrest
A signal that the SCOTUS is going to limit the scope of search incident to arrest?

Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant
By SHERRY F. COLB
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Monday, Mar. 03, 2008

Last week, the U.S. Supreme Court agreed to hear the case of Arizona v. Gant. Gant asks the question whether a permissible "search incident to arrest" can extend to the inside of a car, even when the person arrested can no longer reach the car at the time of the search. The question is important because, over time, the scope of the "search incident to arrest" doctrine has become progressively more difficult to square with the rationales that gave rise to it. Perhaps, by taking the case, the Supreme Court has signaled its intention to clarify this increasingly murky area of Fourth Amendment law.

For full article go to: http://writ.news.findlaw.com/colb/20080303.html

JAS

[This message was edited by JAS on 03-03-08 at .]