Arizona v. Gant | Search | Seizure | SCOTUS

Arizona v. Gant, 129 S. Ct. 1710, (2009)

     Just when you though it wasn't safe to ride around in your car with your stash, the US Supreme Court made it just a wee bit safer to keep illegal substances in the front seat of your car.  That is, at least if you are already handcuffed and in the back of the police cruiser.
     It used to be that under New York v. Belton, the police could do a complete search of the passenger compartment of your car after you were stopped for any minor violation whatsoever, then arrested based on probable cause determined after the stop.
     Now dear driver, and transporter of illegal substances, they can no longer argue that it is in the interests of officer safety when they search the passenger compartment of your auto after they have you safely tucked away and handcuffed in the back of their cruiser.
     Enjoy the freedom!

     Now you must also be careful, because there are a dozen other ways that Johnny Law will make you his prison bitch faster than he can snap his reflecting sunglasses shut and smoothly transform them into a hanging decoration on his brown shirt.
     To stop you, he only needs a "reasonable articulable suspicion" of criminal activity, or you can make it even easier on him by having a broken tail-light, or by changing lanes without using your turn signal.
     Now if "reasonable articulable suspicion" makes your head hurt and your tongue twisted, just think how it makes him feel. Does your average Georgia trooper who gave up his Mensa scholarship in order to pursue his boyhood dream of high speed chases through residential neighborhoods have to bust out his 50 cent words to justify stopping you?? Hell no, dear reader, not at all.
     He can stop you as long as he can catch you changing lanes without using a turn signal, driving without a taillight, or by catching you not having your lights on a half hour before sunset. Any minor violation of any of the laws on the books are good for a stop.
     He sees you with a beer in your hand? Well, forgedaboutit. You're about to be legally stopped, and no advanced articulation will be necessary.  Better call a good Georgia Lawyer.