Arizona v. Gant - U.S. police need a reason to search cars

[tangaroa]

In an unusually split 5-4 decision in the case of Arizona v. Gant, the United States Supreme Court overturned a cocaine possession charge on the grounds that the police did not have the authority to search the owner's vehicle. The owner, Rodney Gant of Arizona, had been stopped for driving with a suspended license. The police took the opportunity to search his car, and this was found by the Court to be overstepping their authority.

The decision was written by Stevens with Ginsburg, Scalia, Souter, and Thomas concurring. Alito, Breyer, Kennedy, and Roberts dissented. The full opinion is at the Supreme Court website.

For reference, here is the text of the 4th amendment to the U.S. Constitution which is the highest and most well known law governing such matters:

"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."

I have yet to read the Court's opinion for the details of this case, but I can see room for plenty of argument regarding what constitutes a reasonable search. Whatever the details, this decision leaves the people a little safer from the overstepping of police authority.