Position Paper: The Scope of Search Incident to Arrest

Unit 3 AS: Position Paper: The Scope of Search Incident to Arrest

The Supreme Court’s decision in Arizona v. Gant, 556 U.S. 332 (2009), changed the way police conducted searches incident to arrest of current or recent occupants of a vehicle. Under Gant, the search of containers and other items in the passenger compartment of a vehicle is allowed incident to a custodial arrest of a vehicle occupant or recent occupant who is within reaching distance of her vehicle at the time of the police search.Review the following article from Policing: An International Journal of Police Strategies & Management, concerning the impact which the Gant decision had on police search policies and practices. Access the article from our library here.In a 1-2 page essay, formatted in APA, discuss your position concerning the following statements:

  1. Police should wait until a defendant is in or very close to her vehicle before making an arrest, when possible.
  2. Police should refrain from handcuffing or otherwise restraining the arrestee until after they have conducted a search of the passenger compartment of the vehicle.

This should be a 2-part essay. Consider using headings to separate your responses. In your responses, address each of the following:

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  • Safety concerns
  • Ethical concerns
  • Your position, with explanation

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