Comments on: The Supreme Court Term In Review, Part II: Criminal Justice http://wonkroom.thinkprogress.org/2009/07/01/scotus-crime/ Thu, 26 Nov 2009 16:42:01 -0500 http://wordpress.org/?v=2.8.5 hourly 1 By: rjwalker http://wonkroom.thinkprogress.org/2009/07/01/scotus-crime/comment-page-1/#comment-155022 rjwalker Thu, 02 Jul 2009 18:53:59 +0000 http://wonkroom.thinkprogress.org/?p=17451#comment-155022 >>An unusually pro-defendant decision in Arizona v. Gant significantly rolled back a 28 year-old decision which held that police may always search the passenger component of a vehicle when they constitutionally arrest the vehicle’s occupant. In Gant the court has now set a 2 step test for such searches (arrestee access to the car interior and safety of the officer) in place of the earlier "bright line" test: an arrest? OK to search. The new rule requires a degree of subjective judgment In the very recent strip search case they handed down (Redding), most of the justices who voted for this new, 2 stage "subjective" test argued that the court should avoid putting public officials in positions where they have to make such judgment calls. Go figure. I guess everyone's developing short term memory problems >>An unusually pro-defendant decision in Arizona v. Gant significantly rolled back a 28 year-old decision which held that police may always search the passenger component of a vehicle when they constitutionally arrest the vehicle’s occupant.

In Gant the court has now set a 2 step test for such searches (arrestee access to the car interior and safety of the officer) in place of the earlier “bright line” test: an arrest? OK to search. The new rule requires a degree of subjective judgment

In the very recent strip search case they handed down (Redding), most of the justices who voted for this new, 2 stage “subjective” test argued that the court should avoid putting public officials in positions where they have to make such judgment calls.

Go figure. I guess everyone’s developing short term memory problems

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