Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

High Court Curbs Power of Police to Search Cars

April 21, 2009 by David Shirley

From: The Wall Street Journal

Jess Bravin

4/21/09

The Supreme Court ruled that police couldn’t search the car of a person arrested unless the officer’s safety was threatened or there was reason to think the car contained evidence of a crime, reviving a constitutional protection against unreasonable searches.

The court effectively closed a loophole opened in a 1981 opinion that has been widely interpreted to allow police, without a warrant, to search cars—as well as bags or containers within them — when they arrest a driver or passenger.

Tuesday’s 5-4 decision scrambled the court’s typical ideological lineup, with conservative Justices Antonin Scalia and Clarence Thomas joining liberals John Paul Stevens, David Souter and Ruth Bader Ginsburg in the majority. Dissenters included liberal leaning Justice Stephen Breyer, conservatives Chief Justice John Roberts, and Justice Samuel Alito, and Justice Anthony Kennedy, who has frequently cast the court’s deciding vote in other cases.

Writing for the majority, Justice Stevens cited one of the landmark opinions of the court under Chief Justice Earl Warren, which held that warrantless searches are inherently unreasonable apart from “a few specifically established and narrow exceptions.”

“Officer safety and evidence preservation,” often significant concerns during arrests, fall among those exceptions, Justice Stevens wrote, so police can search areas of the car within reach of the suspect for weapons or evidence. If they turn up evidence of a different crime during such a search, it can be used against the suspect.

In the case before the court, Arizona v. Gant, the suspect, Rodney Gant, arrested for a traffic violation, already had been handcuffed and seated in the back of a squad car. Tucson, Ariz., police then searched Mr. Gant’s car, finding a gun and cocaine. Mr. Gant was convicted of drug offenses and sentenced to three years.

The Arizona Supreme Court threw out the conviction for relying on evidence taken in violation of the Fourth Amendment, which bars “unreasonable searches and seizures.” In upholding the state court, Justice Stevens wrote that Mr. Gant offered no threat to the officers and there was no chance the car contained evidence of the crime for which he was arrested, driving on a suspended license.

The court has tended to give police wide leeway in searching people during vehicle stops. In Tuesday’s opinion, the justices reminded police that such power has limits. Although the privacy interest in one’s car is lower than for a home, it “is nevertheless important and deserving of constitutional protection,” Justice Stevens wrote.

The Fourth Amendment was drafted to deny “police officers unbridled discretion to rummage at will among a person’s private effects,” Justice Stevens wrote.

In dissent, Justice Alito wrote that police had come to assume their blanket power to search cars upon arrest, and that the decision “will cause suppression of evidence gathered in many searches carried out in good-faith reliance on well-settled case law.”

Today, police are “trained to search every car in which someone was arrested, whether it was for a bench warrant or drunk driving,” said Harry Stern, a partner at Rains Lucia Stern in Pleasant Hill, Calif., who represents officers accused of misconduct. “I think the good news from a police practices standpoint is that the ruling gives clear guidance,” said Mr. Stern, also a former police officer.

On Tuesday, the court heard arguments in another Fourth Amendment case in Arizona, in which school employees strip-searched a teenage student mistakenly suspected of hiding prescription medications in her undergarments.

The justices previously have given public-school authorities license to curtail First Amendment rights in an effort to discourage drug use. While troubled by the student’s ordeal, the justices seemed likely to further limit students’ Fourth Amendment rights. A decision in the case, Safford Unified School District v. Redding, is expected before July.

Filed Under: RLS In The News Tagged With: harry-s-stern

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.