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Posted: February 11th, 2021
1. Under what two circumstances does Gant limit Fourth Amendment search authority of the police?
Answer: The two circumstances are …………
Page two begins the list of questions for this assignment. All questions must be answered using the article as the authority for your answer.
Arizona v. Gant
1. Under what two (2) circumstances does Gant limit Fourth Amendment search authority of the police?
2. Why was Rodney Grant arrested?
3. Where was Gant when police searched his vehicle and found cocaine?
4. Under what constitutional amendment did Gant base his appeal?
5. What was the decision of the Arizona Supreme Court?
6. Why did the search of Gant’s vehicle violate the Fourth Amendment?
7. What does the Supreme Court say about searches conducted without a warrant?
8. How is the first prong of the holding in Gant tethered to the Court’s decision in Chimel v. California?
9. What conduct by the police is prohibitive regarding the first prong of Gant?
10. If one occupant of a vehicle is arrested and the vehicle contains other occupants, is it permissible for the police to search the passenger compartment of the vehicle? What case is cited and what Court rendered the decision in this example?
11. What was the interpretation of Gant in Boykins v. State?
12. How was Boykins distinguished from Gant?
13. What did the Third Circuit Court of Appeals hold in States v? Shakir?
14. Why did the Court refuse to suppress evidence found in a bag in the Shakir case? What was the evidence?
15. How is Shakir distinguished from Gant?
16. From the various decisions involving the first prong of the Gant test, what must the police officer articulate regarding the first prong of the Gant test?
17. What does the second prong of the Gant test permit?
18. What does the Court say about relevant evidence in relation to an occupant of a motor vehicle arrested for a traffic offence?
19. What are the two ways in which most courts determine” reasonable to believe”?
20. What does the Court say about “reasonable to believe” in relationship to “probable cause”?(2)
21. What did the D.C. Court of Appeals presume in Unites States v? Vinton?
22. What did the Supreme Court of Colorado conclude about the “reasonable to believe” standard?
23. What offences generally fall outside of the second prong of the Gant test?
24. What offences generally give justification to a search under the second prong of Gant?
25. What is the best procedure to utilize to conduct a search of a passenger compartment of a motor vehicle?
ANSWER ALL OF THE QUESTIONS. DO NOT FORGET THE BRIEF.
Other Requirements for the assignment:
1. Use the Narrow Margin
2. Use the same heading format that you use for the homework. The assignment is Arizona v. Gant.
3. Use double spacing throughout the assignment except for the heading. The heading should be single-spaced.
4. Locate and attach the two-page slip opinion of the case.
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