{"id":6446,"date":"2012-02-26T11:27:14","date_gmt":"2011-12-23T00:03:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-22T06:15:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6446","title":{"rendered":"MO: <em>Gant<\/em> limited to search of car, not effects during arrest on street"},"content":{"rendered":"<p>Defendant was being cited for urinating in public, and he tried to walk off, and then arrested for not complying. He was put in a police car, and his backpack was searched. <a href=\"http:\/\/scholar.google.com\/scholar_case?case=4755468061403609564&amp;q=gant&amp;hl=en&amp;as_sdt=2,4\">Gant<\/a> was distinguished as involving a car. The search of the backpack was valid. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=51281\">State v. Ellis<\/a>, 355 S.W.3d 522 (Mo. App. 2011):<\/p>\n<blockquote><p>Although <a href=\"http:\/\/scholar.google.com\/scholar_case?case=4755468061403609564&amp;q=gant&amp;hl=en&amp;as_sdt=2,4\">Gant<\/a> was decided prior to defendant&#8217;s arrest, it applied to vehicle searches and the seizure of items in vehicles that are not immediately associated with the person of an arrestee. Defendant has not provided a citation to any published appellate opinion, much less one having precedential value in Missouri and decided prior to October 31, 2009, that extends <a href=\"http:\/\/scholar.google.com\/scholar_case?case=4755468061403609564&amp;q=gant&amp;hl=en&amp;as_sdt=2,4\">Gant<\/a> to a search of the personal effects on the person of an arrestee during a search of a person. The search conducted in this case strictly complied with binding precedent that had not been overruled or abrogated and that allowed, as part of the search of a person incident to arrest, the search of the personal effects on the person of an arrestee. The controlled substance recovered was therefore not subject to the exclusionary rule.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6446\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6446","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6446","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6446"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6446\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6446"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6446"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6446"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}