{"id":7560,"date":"2012-08-11T07:47:20","date_gmt":"2012-08-11T07:09:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-11T07:09:44","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7560","title":{"rendered":"DC: Reasonable suspicion evidence will be found required under Gant<\/em>"},"content":{"rendered":"

Defendant rear-ended a vehicle with three U.S. Marshals, and he was arrested for DUI. His vehicle was searched for evidence of the DUI. This search violated Arizona v. Gant, and the court determines a reasonable suspicion standard is required to determine whether a search incident is proper, not the per se rule sought by the government. United States v. Taylor<\/a>, 12-CO-5 (August 9, 2012):<\/p>\n

As some of these courts have emphasized, practical considerations also counsel in favor of concluding that Gant\u2019s reasonable belief standard is analogous to reasonable suspicion. Both the police and the courts are already familiar with the reasonable suspicion standard. Mbacke, 721 S.E.2d at 222. In addition, applying the well-established Terry doctrine would limit the proliferation of Fourth Amendment standards and prevent the associated confusion that such profusion would sow. <\/p>\n

In this case, the government has not asked us to hold that Gant created a per se rule, and we decline to do so sua sponte. For the reasons just described, and in the absence of further guidance from the Supreme Court, we hold that officers must have reasonable, articulable suspicion to conduct a vehicle search under the second prong of Gant. <\/p><\/blockquote>\n

This case underscores the dominance of the reasonable suspicion standard. If one looks, threads of the reasonable suspicion standard can be found all around the Fourth Amendment landscape. Where probable cause is not mandated, reasonable suspicion for police action at least supports reasonableness by definition. When I was briefing knock and announce for SCOTUS back in the mid-90’s, what was to be the standard for applying the exceptions? I concluded that reasonable suspicion had to be the standard, and found support in a couple of places for making the argument. It seemed logical, was a good fit, and it removed discretion from “the officer in the field.” This holding is, too.<\/p>\n","protected":false},"excerpt":{"rendered":"

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