posted on Apr, 21 2009 @ 07:42 PM
I just scanned over the opinion, on the SCOTUS website. They haven't changed anything. They have merely reiterated the previously known limited scope
of warrantless, "search incident to arrest" searches.
The problem is the officers, who arrested Gant, conducted an illegal search, which was illegal, at the time. For the past 20 years, of which I have
knowledge, this search would not have been legal.
In response to your reading that they could search for "evidence of a crime", is actually incorrect. It is limited to a search for evidence of the
crime, for which the person was arrested. In this case, there would be no evidence, in the car, to support his arrest for driving with a suspended
license. Hence, "search incident to arrest" does not apply.
Justice was served.
[edit on 21-4-2009 by WTFover]