Ep

Summary:
Anthony and Mike discuss whether a police officer can search a car after arresting the driver for a warrant. They explain that under Arizona v. Gant, the officer cannot search the car under the second prong of the decision, which allows for a search for evidence. They also discuss other exceptions that do not apply in this situation, such as the community caretaking rationale and the protective sweep for weapons. They suggest that if the passenger has common authority over the car, they can give consent for a search.
Key Takeaways:
Under Arizona v. Gant, a police officer cannot search a car after arresting the driver for a warrant.
Other exceptions, such as the community caretaking rationale and the protective sweep for weapons, do not apply in this situation.
If the passenger has common authority over the car, they can give consent for a search.
Quotes:
"You have no PC, no community caretaking, no armed, the dangerous, no evidence related search into Gantt. We're not in that car. It has to go bye bye." - Anthony
"You can always take the person away for their warrant, and the person who has the car asks them for the consent. They have common authority." - Anthony
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[@michaelpascale9314]

Awesome breakdown of what can be such a complicated issue in the field. Simple and clean! Just discovered your page/company and really loving all your content thank you!

[@donlowry6469]

Moving someone from the scene has been ruled a defacto arrest.

[@heroesandzeros7802]

Whatever was found will get thrown out of court and he has a good Federal 1983 case for illegal search and seizure.

[@ecal9791]

here’s an additional question. once the driver is arrested and taken from the scene to jail can the passenger who’s been given authority over the car by the owner now grant consent for Officers to search the vehicle?

[@BluetoGold]

Assuming the passenger is not a co-owner of the vehicle (where the answer is simple, yes he can give valid consent), then this is what is called a “bailment” situation. In property law, a bailment is created when the owner of a piece of property (the bailor) gives temporary possession of his property to another person (the bailee) for some limited purpose. The bailee has possession of the property not title to it.
Valid consent to search can be given by anyone with a sufficient interest in the property to be searched. A bailee can potentially be such a person where the bailor has assumed the risk that by granting possession of the property to the bailee, the bailee may consent to a search of the property in his own right.
The answer is going to depend on the extent to which the bailee has been given possession of the vehicle. If it is for the limited purpose of driving the vehicle to a safe location in lieu of it being impounded, and for no other purpose, then the bailee would not likely be deemed to have a sufficient interest in the vehicle such that he could grant the police consent to search the vehicle. But if the bailee had been the more broad authority to simply take possession of the car, without any limitation on its use, then the bailee would likely have sufficient authority over the vehicle to grant consent to search.
As with most Fourth Amendment questions, the answer is going to be fact-dependent and the officer’s ability to discover, articulate and assess those facts is going to be critical. The precise words used by the officer, the bailor and the bailee would be critical to the assessment here.- Zach Miller Legal Instructor

[@aggg5253]

The investigation on the stop should be over once you allow that passenger to drive. So you should not be extending the stop to search the vehicle in my opinion

[@JustABill02]

So, you arrest driver on warrant, driver gives keys to passenger to drive car home. Police officer asks passenger (now driver) for permission to search. Consent is given, WMDs, Ninjas, Drugs are found in trunk of car. Who do you charge for possession of Ninjas?

[@DXT61]

Carrying of a concealed weapon or kidnapping depending on what the ninja says.