August 21, 2019

Case Law: Perez v. People, Impact of Arizona v. Gant on Search and Seizure

on May 10, 2010.

Fourth Amendment—Impact of Arizona v. Gant on a Search and Seizure.

The Supreme Court held that, following the U.S. Supreme Court’s decision in Arizona v. Gant, __ U.S. __, 129 S.Ct. 1710 (2009), a search of a glove compartment in a car is unlawful where the driver was not within reaching distance of the vehicle’s passenger compartment and there was no indication that any evidence of the offense of arrest would be found in the car. Even if the driver disclaimed any possessory interest in the glove compartment, his possessory interest in the car itself prevents an officer from entering the vehicle to access the glove compartment. The Court further held that Perez’s presence at the unlawful search renders the confession resulting from that search inadmissible as evidence. The judgment of the court of appeals is reversed and the case is remanded with directions to return it to the district court for further action consistent with this opinion.

Summary, full case, and all May 10, 2010, opinions also available here.

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