High Court to Review Warrantless Vehicle Drug Search February 26, 2008
News Summary
The U.S. Supreme Court may weigh in further on the question of when and how police can search a vehicle for drugs without first obtaining a warrant, the New York Times reported Feb. 25.
The high court agreed to review a 1999 case from Tucson, Ariz., in which the Arizona Supreme Court ruled that a police search of Rodney Joseph Gant's car violated Constitutional protections against unreasonable searches and seizures. The state court ordered that evidence obtained during the search be thrown out of the case.
Police originally went to a Tucson house because of reports of drug activity, where they encountered Gant. After checking on Gant's identity and learning that he was subject to an arrest warrant for driving with a suspended license, the officers arrested hours later Gant and searched his car, finding cocaine.
Gant was eventually convicted of drug possession with intent to sell and possession of drug paraphernalia. But his lawyers successfully argued before the Arizona Supreme Court that the drug evidence be thrown out because police had no justification for searching Gant's car for drugs without first obtaining a warrant.
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