Question

The Gant decision stated that when the arrestee has been removed from the car and secured elsewhere, the officer _______ may conduct a search of the vehicle incident to that arrest unless ____________?

1) is permitted by law
2) is prohibited by law
3) has obtained a search warrant
4) has reasonable suspicion of finding evidence

Answer 1

The Gant decision limits the ability of officers to search a vehicle after arresting and securing the suspect elsewhere unless they have reasonable suspicion of finding evidence related to a crime. The correct option is 4) has reasonable suspicion of finding evidence

Step-by-step explanation:

The Gant decision stated that when the arrestee has been removed from the car and secured elsewhere, the officer is not permitted to conduct a search of the vehicle incident to that arrest unless there is reasonable suspicion of finding evidence of a crime.

This ruling takes into account the individual's Fourth Amendment right to be secure against unreasonable searches and seizures. Law enforcement officers must either obtain a search warrant, have the consent of the individual, face exigent circumstances, or have probable cause that a crime has been committed and that evidence may be found in the vehicle to search without violating constitutional rights. The correct option is 4) has reasonable suspicion of finding evidence