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United States Leading Case uncategorised

Arizona v Gant

556 U.S. 332 (2009)
JurisdictionUnited States
CourtUS Supreme Court
Year2009
StatusBinding authority

Summary

Police may search a vehicle incident to arrest only if the arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.

Key Principle

Fourth Amendment; search incident to arrest of vehicle occupant; must be within reaching distance or reasonable to believe evidence of arrest offence

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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