The Supreme Court’s decision in Arizona v. Gant, 556 U.S. 332 (2009), changed the way police conducted searches incident to arrest of current or recent occupants of a vehicle. Under Gant, the search of containers and other items in the passenger compartment of a vehicle is allowed incident to a custodial arrest of a vehicle occupant or recent occupant who is within reaching distance of her vehicle at the time of the police search.Review the following article from Policing: An International Journal of Police Strategies & Management, concerning the impact which the Gant decision had on police search policies and practices. Access the article from our library here.In a 1-2 page essay, formatted in APA, discuss your position concerning the following statements:
- Police should wait until a defendant is in or very close to her vehicle before making an arrest, when possible.
- Police should refrain from handcuffing or otherwise restraining the arrestee until after they have conducted a search of the passenger compartment of the vehicle.
This should be a 2-part essay. Consider using headings to separate your responses. In your responses, address each of the following:
- Safety concerns
- Ethical concerns
- Your position, with explanation