Related articles:

Supreme Court tosses drug possession conviction, rules vehicle search illegal

Other articles by Howard Fischer:

Voters: Here are issues you'll be asked to decideAt least 11 measures likely to be on ballot Low cost to state aim of points-free photo radar tickets Group seeks easing of Arizona law targeting employers of illegal immigrants Appeals court: State can seize wire transfers Backers of tax boost for roads squabble over funds, petitions School vouchers OK for now, but funds aren't there Initiative to scuttle affirmative action faces court challenge New homes could get new warrantiesAz voter initiative would require 10-year new-home warranty

Mechanical
Pioneer Landscaping
Diesel Fleet Mechanic Trades/Construction
Pioneer Landscaping
Yard Person/Loader Operator Trades/Construction
Lectra-Serv, Inc
Electricians & Helpers Trades/Construction
Paragon Electric
Electricians Trades/Construction
Wentz and Patrick Construction
Carpenters & Helpers General
Prestige maintenance USA
Custodian General
ADVANCED AUTOMOTIVE
DISPATCHER/SECRETARY

PHOENIX — Police cannot routinely search the vehicles of people whom they arrest, the Arizona Supreme Court has ruled.

In a 3-2 decision, the high court threw out the drug-possession conviction of Rodney Gant. The majority said Tucson police illegally searched his car after arresting him outside the vehicle. The search found narcotics that eventually resulted in his conviction.

Justice Rebecca Berch, writing for the majority, said police have the authority in some circumstances to search a vehicle without a warrant. But she said those instances usually are limited to situations of police safety — such as looking for a weapon in the immediate area of the person being arrested — or where waiting for a warrant might result in destruction of evidence.

She noted, though, that Gant already was handcuffed and in the back of a patrol car. That, Berch said, means the Tucson Police Department violated Gant's Fourth Amendment rights against unreasonable search and seizure.

Justice Scott Bales, writing the dissent, said his colleagues were misinterpreting the law. He said searches of vehicles are reasonable and legal when someone who has been in the car is legally arrested.

The decision is a defeat for police departments statewide. Working through the Arizona Association of Chiefs of Police and the Arizona Law Enforcement Legal Advisors' Association, the departments filed legal papers with the Supreme Court backing the TPD search procedure.

Berch said technology allows police to obtain search warrants within minutes "when they have probable cause to do so to protect a citizen's right to be free from unreasonable governmental searches."

Court records show two uniformed Tucson police officers went to a house in 1999 after receiving a tip about narcotics activity there. Gant answered the door but said the owner wasn't home.

Police checked records and learned Gant had a suspended driver's license and had an outstanding warrant for driving on a suspended license.

Police returned to the house, and when Gant drove up and got out of his car, he was immediately arrested, handcuffed and soon placed in the back of a patrol car.

Officers later searched his car, finding a small bag of cocaine and a weapon. A Pima County Superior Court judge upheld the legality of the search, resulting in Gant's conviction.

Berch said the warrantless search was illegal because there was no danger to officer safety. Nor was Gant in a position to destroy evidence, she said.

Berch said the law doesn't require police to prove in every situation that they were concerned about their safety or destruction of evidence. She said those concerns are presumed to exist anytime someone is arrested. But she said that once these concerns no longer are present, warrantless searches no longer are allowed.