Search & Seizure - Warrentless Searches Need Adjusting
A case in the District of Columbia Court of Appeals tackles a question attorneys say was left unanswered by the U.S. Supreme Court's 2009 decision in Arizona v. Gant: When is it lawful for police to conduct a warrantless search of a vehicle after making a lawful arrest? The ruling reversed nearly three decades of precedent that gave law enforcement wider latitude. The high court carved out a few exceptions, though, including cases where it is "reasonable to believe" police might find evidence of the crime in the vehicle. Since then, state and federal courts across the country have tried to hammer out what the standards should be for a "reasonable" belief.
COURTS STRUGGLE TO ADJUST TO NEW LAW ON WARRANTLESS SEARCHES
For additional information regarding your questions on warantless search of your home, please call the office for your free consultation at 800-709-1131 or visit the website simonattorneys.com