Thursday, April 5, 2012

Illegal Car Search—An Arrest Doesn’t Justify A Search

Law Offices of EJ Stopyro
www.EJEsquire.com
Orange County DUIand Criminal Defense Attorney

If the police searched your vehicle and found evidence against you the search may be illegal. You should talk to an Orange County criminal defense lawyer because if the search was illegal, the evidence cannot be used against you.

For many years the rule has been that if the police arrest you in or near your car then they can search your car without a warrant—called the Belton rule. That rule has been overturned by the United States Supreme Court and the police no longer have an automatic right to search your car just because they arrested you in or around the car.

The Belton rule sprang from the 1981 United States Supreme Court case New York v. Belton. The Court in Belton reasoned that the police should be allowed to look for weapons that the arrestee might use as well as for evidence that the arrested person may have stashed in the car. This rule was expanded over the years to allow police to search the trunk as well as the passenger compartment. The reasoning for this rule was flawed on its face—if someone is handcuffed how can a weapon within the interior of the arrestee’s car possibly pose a threat to the arresting officer?

In the recent Supreme Court case of Arizona v. Gant the Court acknowledged this patent flaw and overturned the Belton rule and held that the police can “search a vehicle incident to a recent occupant’s arrest only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search” or “its reasonable to believe the vehicle contains evidence of the offense of arrest.” This means that the police must be in actual danger of a possible assault before the arrestee is handcuffed or the police must have PROBABLE CAUSE to believe that specific evidence may be hidden.

This constitutes a major change in search and seizure law. If you are facing charges call the Law Offices of EJ Stopyro today at (949) 559-5500. Talk to an experienced Orange Countycriminal defense lawyer about your case—the consultation is free and confidential.

Law Offices of EJ Stopyro

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