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Essay / Research Paper Abstract
This 4 page paper discusses three major Fourth Amendment decisions by the Supreme Court and how they are applied. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: D0_HVsc4amd.rtf
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Unformatted sample text from the term paper:
It states in full, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This paper
discusses three Supreme Court 4th Amendment cases, and how their application. Discussion The first is Arizona v. Gant 216 Ariz. 1, 162 P. 3d 640, 556 US __ (2009). It
came before the Supreme Court in 2008 and was decided in 2009. In this case, Gant was arrested for driving while his license was suspended; the arrest was made in
his own driveway where he was "handcuffed and locked in a patrol car before officers searched his car and found cocaine in a jacket pocket" (Gant v. Arizona). He was
convicted of drug offenses after the Arizona trial court "denied his motion to suppress the evidence" but the Arizona Supreme Court reversed the decision (Gant v. Arizona). The U.S. Supreme
Court upheld the reversal, holding that it was permissible for police to search a vehicle "only if it is reasonable to believe that the arrestee might access the vehicle at
the time of the search or that the vehicle contains evidence of the offense of arrest" (Gant v. Arizona). Since neither of these conditions prevailed at the time of arrest
(he could not access his vehicle as he was cuffed and locked in the patrol car and he was not arrested for drugs but for a license violation) the subsequent
search was unconstitutional (Gant v. Arizona). Application: This decision reverses the Belton decision which allows police to pretty much do what they please with a car after it is stopped,
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