Arizona v Gant - limitation of search incident to arrest

Filed Under: Education    by: admin

Arizona v. Gant - Click here to read the full opinion.Today the U.S. Supreme Court limited the circumstances under which officers may search the passenger compartment of a vehicle after it’s driver had been arrested. The Court ruled that an officer can only search a vehicle if it is for officer safety or if there is reason to believe that there is evidence in the car that relates to the crime which the driver was arrested for.The searches that we are talking about here are called searches incident to arrest. Don’t confuse this with an inventory search, which is done whenever a vehicle is impounded.The practical application of this case will be moderate, but this isn’t a huge opinion for most people that get arrested. People that have a sober passenger to drive the car, can turn the car over to them and avoid the inventory search. If there is somebody that can come pick up the vehicle, that would work too.If the officers want to get around this, all they have to do is start towing every vehicle and do inventory searches instead of searches incident to arrest. I guess I am a cynic.

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Airplane bathroom emergency lands man in jail and with Federal criminal charges

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ATLANTA - A man who says he desperately needed to use an airplane bathroom after eating something bad in Honduras faces a federal charge after being accused of twisting a flight attendant’s arm to get to the lavatory, the FBI said Wednesday.

 Joao Correa, 43, told The Atlanta Journal-Constitution he had a bathroom emergency 30 minutes into a March 28 Delta Air Lines flight from Honduras to Atlanta, but found the single coach aisle on the Boeing 737 blocked by a beverage cart. He said he asked if he could use the lavatory in business class, but was told no.

 Transportation Security Administration policy requires passengers on international flights to use the restroom in their seating class.

 When the cart wasn’t moved after a few minutes, Correa said, he ran for the business class lavatory. He said the flight attendant put up her arm to block him, and he grabbed it to keep his balance.

 A Delta flight attendant said Correa grabbed her right arm, pulled it down and twisted it, according to authorities.

 The man was arrested after the plane landed in Atlanta after a three-hour flight and Correa was held for two days in jail, authorities said. He was charged with interference with a flight crew, said Gregory Jones, head of the FBI in Atlanta, and released on bond after appearing before a U.S. magistrate.

 ”I’m devastated,” the Concord, Ohio, man told the paper. “I’ve never had any event with the police in my life.”

 Correa could not be reached Wednesday by The Associated Press. A message was left on his home telephone.

 Delta spokeswoman Susan Elliott released a statement saying flight crews “do everything within the limits of the law to ensure the safety and security of our passengers.”

Source: Rob Leonard

Helio Castroneves acquitted on tax evasion charges

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After a 7 week trial, Helio Castroneves was acquitted of the federal tax evasion charges he was facing.  The two time Indy 500 winner and Dancing with the Stars Champion had this to say after the trial:

It’s been a long seven weeks. I’m a foreign person and I’ve been judged in a foreign country. I’m very thankful to have received a fair trial. I do love this country.

Source: Rob Leonard