St. Petersburg DUI Lawyers Contact our Criminal Defense Lawyers
Instant Call Back from one of Our Criminal Defense Lawyers
Drug Crimes
Drug Cultivation Lawyers
Drug Distribution
Drug Importation
Drug Manufacturing Attorneys
Drug Possession
Drug Possession for Sale
Prescription Fraud
Drug Trafficking Attorneys
Drug Transportation
St. Petersburg, Florida
Recent News
St. Petersburg, Florida Drug Crime Attorneys Attorney Profiles Contact our Drug Crime Defense Law Firm About The Firm

Recent News

Arizona v. Gant, 129 S.Ct. 1710 (U.S. 2009).

Legality of Warrantless Search

In Arizona v. Gant the Supreme Court departs from the bright-line rule defined in New York v. Belton regarding automobile searches incident to arrest. In Belton the Court held that police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of a recent occupant's lawful arrest-on the ground that it concerned the scope of a search incident to arrest. However the Belton Court declined to answer the question of whether officers may conduct a search once the scene has been secured. In Gant, the Court defines Belton as not authorizing a vehicle search incident to a recent occupant's arrest after the arrestee has been secured and cannot access the interior of the vehicle.

Here, the search was unreasonable because police could not reasonably have believed either that the defendant could have accessed his car at the time of the search or that evidence of the offense for which he was arrested might have been found therein. The Supreme Court held that the police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

Exceptions to the warrant requirement include: when an arrestee is within reaching distance of the vehicle, when it is reasonable to believe the vehicle contains evidence of the offense of arrest, and when safety or evidentiary concerns demand.

Please click here to read more about United States Supreme Court case of Arizona v. Gant.

Click here to view our informative videos

Free Drug Crimes Case Evaluation



Instant Callback from our Drug Crime Lawyers
Follow us on Twitter
Visit us on Facebook
View our LinkedIn profile
Click here to view our videos from youtube.com
St. Petersburg Drug Crime Attorneys DUI / BUI Defense Lawyers in St. Petersburg, Florida Bankruptcy Lawyers in St. Petersburg, Florida
St. Petersburg Criminal Defense Attorneys Foreclosure Lawyers in St. Petersburg, Florida Creditor Harassment Lawyers in St. Petersburg, Florida
St. Petersburg, Florida Drug Crime Defense
Contact Leavengood & Nash
Site Map

Attorney Web Design The information on this St. Petersburg Drug Crime Defense Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 2958 1st Avenue North, St. Petersburg, FL 33713   Phone: (800) 526-1949   Fax: (727) 327-3305    Administration