An officer arrests the driver of a vehicle, handcuffs the driver, and places him/her in the backseat of the police car. The arrest is for a crime in which no evidence of the alleged offense could be located in the driver's vehicle. Select the appropriate option for the officer.

Question

Quizplus · Accepted Answer

The correct answer is D because the Gant decision limits the circumstances under which a vehicle can be searched incident to arrest. According to Arizona v. Gant, police may only search a vehicle incident to a recent occupant’s arrest if the arrestee is within reaching distance of the passenger compartment at the time of the search or if it is reasonable to believe the vehicle contains evidence of the offense of arrest. Since the driver is already secured in the police car and no evidence related to the crime is expected to be found in the vehicle, the officer may not search the car.

An Officer Arrests the Driver of a Vehicle, Handcuffs the Driver