Arizona VS Gant Changes Rules on Vehicle Searches

MADISON, Wis.

A recent U.S. Supreme Court limits the ability of police officers to search a vehicle after making an arrest, and the decision means changes for local law enforcement agencies after 28 years of standard procedures.

The deciding case, "Arizona v. Gant," took 10 years to make it to the high court. Citing the Fourth Amendment's guard against unreasonable searches and seizures, the Supreme Court's 5-to-4 decision ruled that enforcement should not come at the expense of privacy.

The court's ruling means that when an officer makes a traffic arrest, the decision to search the vehicle cannot start without a warrant, which is a change from the past three decades of warrantless searches.

Local drivers said they have mixed feelings about the ruling.

"If you got pulled over and arrested for something to begin with, you've kind of waived your rights to privacy," said Mark Spaith, an area driver.

But driver Tony Ried said police should have a warrant to search.

"They got to have a search warrant, because if you didn't have a search warrant, police be searching through your stuff, tearing your stuff up, pulling papers out," Ried said. "And then you got to go and put the papers back in. You got to clean up your van."

But Capt. Vic Wahl, of the Madison Police Department, said he's concerned that potential crimes might now be overlooked.

"With this decision, it really turns that area of the law on its head and really limited the situations now," Wahl said. "I do think there will be certainly instances where, two weeks ago, we would've discovered weapons, drugs or contraband that now we will not discover because of the restrictions from this ruling."

Defense attorney Stephen Mays said the decision rightfully puts citizens' privacy in the forefront.

"Constitutional protections are big," Mays said. "It's not one of those situations where you look to protect the 1 percent of the people that are out committing crimes, (but) rather the 99 percent of us that aren't. So I think it gives back a little bit of expectation of privacy."

There are exceptions to the new requirement. The Supreme Court ruled that police can search without a warrant if there is a threat to an officer's safety or if the officer believes the vehicle contains evidence pertaining only to the arrest.

The exceptions provide some gray areas for law enforcement, and those exceptions will weigh heavily on an officer's prerogative, WISC-TV reported. The Madison Police Department said it hopes to continue educating its force on the law's subtle details.

"You have officers that make decisions in a snap of a finger in a few seconds, dealing with very complicated legal issues every day out on the street," Wahl said.

Meanwhile, those supporting this ruling said they hope a dialogue on privacy rights remains on the minds of law enforcement.
_________________________

VIDEO: Watch The Report
Other information: http://www.deseretnews.com/article/1,5143,705299543,00.html

Scottsdale Officer Resigns

A Scottsdale officer accused of illegally searching a 19-year-old woman who had called police has resigned.

Officer Chong Kim was accused of a similar crime in September of 2007.

Kim, an officer for two years, has been under investigation since Tuesday, when he was questioned about his response to a call Sunday about a possible break-in at the woman's apartment.

Scottsdale police spokesman David Pubins said the woman's mother alleged that when Kim arrived, he illegally searched her daughter.

According to Scottsdale police, investigators received an e-mail from the woman's mother detailing the alleged incident, which she claims happened about 3 a.m. at the 66th Place Apartments near 64th Street and Indian School.

In the e-mail, the mother said her daughter called police when three men were attempting to enter her apartment, according to police.

The woman told her mother that one of the officers harassed her and asked her if she had been drinking before taking her boyfriend outside, according to the e-mail.

The woman, an Arizona State University student, then said the officer came back inside and told her she would be arrested if a search could not be conducted, according to the e-mail.

The mother claimed the officer "strip-searched" her daughter.

According to police, the investigation into the September 2007 case was inconclusive as there was a lack of evidence at the time.

Scottsdale Police Chief Alan Rodbell said both cases will be forwarded to the FBI for investigation.

In a written statement, Rodbell said, "As the Chief, I expect that those employed by our department will abide by the same laws that they are entrusted to uphold."

He goes on to write, "Inappropriate or illegal behavior by my officers will not be tolerated and will be dealt with accordingly."

Officer Chong Kim Accused of Inappropriate Searching

A Scottsdale police officer has resigned after being accused in an e-mail of illegally searching a 19-year-old woman who had summoned police.

Officer Chong Kim, an officer for a little more than two years, has been under investigation since Tuesday, when he was questioned about a call at a Scottsdale apartment complex near 66th Place and Osborn Road.Kim was responding Sunday to a call about a possible break-in at the woman's apartment.

Officer David Pubins, a Scottsdale police spokesman, said the woman's mother sent e-mails to police and several news outlets, alleging that when Kim arrived he "illegally searched" her daughter.

Pubins said the case is still under investigation.

"We take all of these allegations seriously," Pubins said.