Arizona v. Gant Essay Example | Topics and Well Written Essays - 1500 words

azimuth v. Gant - Essay ExampleMeanwhile, in his dramaturgy were two persons and one of them was caught in his possession with a crack pile. The Arizona law of nature officers who responded thought Gant has discerned their reach but found him at his house driveway. An officer shone a flashlight in his hand all over the car and saw Gant in it. When Gant saw the police officer, he voluntarily vacates the said car (Arizona v. Gant, n.d.). Meanwhile, the officer immediately gets into the car and made a appear. Later, he found some pieces of drugs and a handgun. Gant was and so arrested and brought to the police station for his case. Before the Court could move into the try let on proper, the suspect asked the judge regarding the evidences that the Arizona police had acquired into his possession, to declare it unconstitutional. Gant stated that those evidences taken against him were fruit of an illegal search. He further contended that the police officer should start secured a se arch warrant before they could enter and search into his premises. In addition, he argued that the search was in violation of the Fourth Amendment under the provision which strongly prohibits unreasonable searches and seizures (Arizona v. Gant, n.d.). But to his surprise the discharge judge denied the motion he has moved. After that, Gants case was given verdict by the trial woo. ... Gant, n.d.). Issue The case has posed a question whether or non the police officer fanny arrest the recent occupant of the vehicle who did not profit any signs of trouble and get out voluntarily. And in regard to the manner of conducting a search, the issue is whether or not the police can make a search on a certain premises without first securing a valid search warrant (Arizona v. Gant, n.d.). Court Decision A. The Court of Appeals gave merit on the case in respect of the suspect. It ruled that the suspect had been denied of his right against unreasonable searches and seizures. The evidences gathe red (drugs and drug paraphernalia) were sought after an illegal search. In addition, the search made to the vehicle did not justify and connect to the arrest of the suspect. Thus, disagreeing to the stopping point of the trial court and proving the invalidity and unconstitutionality of the search made (Arizona v. Gant, n.d.). B. Although the decision was reversed in the Court of Appeals, actually it was not the final resort or the final verdict. The case was brought to the highest court--Supreme Court. On May 24, 2004, the court gave its say and decision to the case. It held that police officers can make a search on a vehicle despite the concomitant that the occupant has already vacated it voluntarily. Thus, rendering the decision of the Court of Appeals invalid and proving the issue as constitutional. In addition, a search can be made warrantless if it is incidental to a valid arrest (Arizona v. Gant, n.d.). military rank of the Decisions Constitutional Significance In the case of Arizona v. Gant, the Supreme Courts decision was considered the final verdict. Although it had been contended and appealed by the suspect before