CRIMINAL LAW IN BERGEN AND PASSAIC COUNTIES:
RESTRICTION ON THE SEARCH INCIDENTAL TO THE ARREST EXCEPTION
TO THE FOURTH AMENDMENT

Over twenty-five years ago, the United States Supreme Court decided a case titled New York v. Belton.  In that case, the court sought to establish a "bright line rule" to assist police officers involving searches incidental to an arrest. In Belton, the court specifically ruled that the entire passenger compartment of a motor vehicle can be searched once the driver of the vehicle is arrested. Unfortunately, the case did not determine whether this so-called "bright line rule" would apply if the arrestee was handcuffed and removed from the vehicle.

This April, the United States Supreme Court revisited that issue in a case titled Arizona v. Gant. In Gant, the driver was arrested for a suspended license. He was handcuffed and locked in the back of the police car before the vehicle was searched. The search uncovered cocaine. Under those facts, the court concluded that once the arrestee had been handcuffed and removed from the scene, there was no longer any need to search the passenger compartment of the car and thus, the search could not be justified under the search incident to the arrest exception to the Fourth Amendment.