Criminal Justice 4th Amendment in Flux: The Roberts
Criminal Justice 4th Amendment in Flux: The Roberts
Use “Michael C. Gizzi and R. Craig Curtis, The Fourth Amendment in Flux: The Roberts Court, Crime Control, and Digital Privacy. University of Kansas Press, 2016.” as a source.
And use applicable case briefs to explain the answers as well.
1. Vehicle searches are an important tool in the police officer’s investigatory arsenal. In a comprehensive essay, explain how vehicle searches are used to combat crime, and explain the various constitutional tools the Court has given police to conduct vehicle searches. In specific, make sure your answer addresses the following issues.
a. What is the origins and rationale for searches incident to arrest. What standard does the Court rely on for search incident to arrest outside of the context of the automobile?
b. How did the Court apply the search incident arrest doctrine to vehicles in the 1980s. What was the bright-line rule the court established? Why was that rule important to police?
c. How did the Court expand the police’s ability to search vehicles incident to arrest from 1981 until 2009? Give examples. Why were these important?
d. How did the Court reconsider the vehicle search incident to arrest doctrine in Arizona v. Gant? What is the new standard that Gant establishes.
e. What are the implications of the Gant decision for vehicle searches? And how are police likely to get around the Gant limitations? Be specific.
f. Assess the current state of vehicle searches. Do you think the changes are good? Explain why.
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