Comments on: Arizona v. Gant and Searches Incident to Arrest

By: Tony

Tony — Wed, 10 Jun 2009 13:32:14 +0000

As a police officer I must agree that many officer’s are completly out of control due to a sevear lack of qualified supervision in the ranks. Law enforcement overall has lost its way , with many officers looking to make the pety arrest of a desent citizin rather than hunting for real street thugs who might pose real threat to them and the puplic. I can only assume that they lack the ability or nerve to do the job they took an oath to do.Lets hope we can get it turned back around and truly protect and serve.

By: AZ Traffic Ticket to Class 2 Felony

AZ Traffic Ticket to Class 2 Felony — Mon, 04 May 2009 17:40:26 +0000

On Friday June 13th 2008 I was pulled over and arrested on a traffic warrant (failure to show proof of insurance). I was handcuffed and in the police vehicle when they went through my car, my purse sitting in the front seat, where they found drugs – a class 6 Felony. I hired an attorney who told me the charges were dismissed pending drug diversion. 9 months later, a court date was set for March 18, 2009. I received no notice of this nor did my attorney. A warrant was issued. On April 22 2009 I was pulled over and arrested on the warrant for failing to appear – I had received no notice of the warrant nor had my attorney.

On this second arrest, they did not read me my rights, nor did they search me or search my vehicle. Instead the transported me to the jail where I was searched during the intake process. I had placed my wallet in the waist of my skirt after handing the officer my driver’s license. During the search they found my wallet and drugs in the wallet. I am now charged with a class 2 felony for smuggling drugs into a jail.

All of this for failing to show proof of insurance (which I had, just couldn’t find the piece of paper, which I later went to court and showed to the judge. I had obtained a copy of my Proof Of Insurance on-line – which she claimed unacceptable and required the “original”).

I have never been in trouble before in my life. I have a masters’ degree in statistics, a working, single mom. I am now looking at 7 years prison time.

The Gant decision does not make the officers job harder, it does not impose any threat to their safety, etc. It simply restricts them in their over-zealousness to arrest anybody and everybody for anything and everything. They are out of control.

By: Small town PoPo

Small town PoPo — Wed, 29 Apr 2009 10:10:29 +0000

I printed off the info from Bob Farb and the SR&S webiste and gave it to my Chief. I mentioned the comments about still searching a DWI arrestee’s vehicle for evidence of alcohol consumption (bottles, cans ect). Then here comes…. “what if you find a stolen gun that was just used in a homicide in the bag with the half bottle of liquor?”
Was I correct in A) my belief of being able to look for alcohol in a DWI vehicle, and B) that it would be plain view?
Also I mentioned the fact that we do not have a towing or inventory policy, and that met with resistance also.

By: NCProsecutor

NCProsecutor — Fri, 24 Apr 2009 18:19:16 +0000

AM SMITH:

The post explains in as much detail as we currently have the parameters of the decision. If you want specific guidance, don’t look for it in the comments section of a blog — go through your chain of command, which will develop a new set of protocols for searches in conjunction with traffic stops.

And just as an aside, “THE ONES THAT RULED AGAINST THE EVIDENCE RECOVERED” are five Justices of the United States Supreme Court. No matter what your personal opinion about the decision in this case (and I certainly share your sense of dismay about the potential dangers it poses for law enforcement officers on the front lines), please respect the fact that it was the reasoned opinion of a majority on the highest court in the land.

By: AM SMITH

AM SMITH — Fri, 24 Apr 2009 06:06:44 +0000

THE ONES THAT RULED AGAINST THE EVIDENCE RECOVERED MUST HAVE A FAMILY MEMBER OR FRIEND THAT HAS PENDING CHARGES WITH A SIMILAR OFFENSE.
SO IF IM READING THIS CORRECTLY, OVERRIDING ALL OFFICER SAFETY, IF YOU KNOW YOU R GOING TO MAKE AN ARREST OF A PERSON ( FOR DWLR) FROM A MOTOR VEHICLE. YOU GET THE PERSON OUT OF THE VEHICLE AND TO DO A SEARCH WITHOUT NO KNOWLEDGE OF OTHER CRIMINAL OFFENSES (POSSIBLE DRUGS OR A STOLEN GUN THATS WAS PLACED UNDER THE SEAT WHEN THE SUBJECT SAW U PULL IN BEHIND THEM), U HAVE TO NOT HANDCUFF THIS PERSON, SEARCH THE VEHICLE AND IMMEDIATE REACHABLE AREA OF THE VEHICLE IN ORDER FOR ANY EVIDENCE OF CRIMINAL ACTIVITY TO BE ALLOWED OR PERMITTED. IS THAT CORRECT OR OR I NOT GETTING IT.
IF THATS CORRECT, I AM SO SICK AND TIRED OF THOSE WHO DO NOT TO DO OUR JOB CONTINUE TO COME UP WITH THIS TYPE OF INSANE [removed by editor]!!! POLITICS ARE A DARN JOKE AND A DEATH SENTENCE FOR THOSE OF US WHO WANT TO MAKE A DIFFERENCE IN THE COMMUNITIES WE ARE WORKING FOR. AS LONG AS WHAT WE WERE DOING BEFORE WAS WITHIN THE LIMITS OF THE LAW WTF WAS THE PROBLEM.
CAN SUM1 LET ME KNOW IF IM WRONG, RIGHT ON OR SUMWHERE DOWN THE MIDDLE. WE WANTED CHANGE BUT DONT THINK THIS IS WHAT WE HAD IN MIND. GOD BLESS US ALL & U GUYS DO WHAT U HAVE 2 TO CONTINUE TO STAY SAFE.

By: Joel Johnson

Joel Johnson — Wed, 22 Apr 2009 20:56:56 +0000

Thank you for doing this review. I hate seeing my job becoming more difficult, but that is the direction this country is headed, and it doesn’t seem it will change anytime soon.