id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-4093	Dery III, George M.	A Case of Doubtful Certainty: The Court Relapses into Search Incident to Arrest Confusion in Arizona v. Gant	2011	32	.pdf	application/pdf	15409	905	69	Indiana Law Review A Case of Doubtful Certainty: The Court Relapses into Search Incident to Arrest Confusion in Arizona v. Gant George M. Dery IIF Introduction The Supreme Court has long recognized the need to craft clear rules to guide police in their daily work because the Fourth Amendment cannot control officers who do not understand it.^ In New York v. Belton, a case in which the Court enabled police to search as incident to arrest the passenger compartment of an arrestee's vehicle,^ the Court expressed wariness of a highly sophisticated set of rules, qualified by all sorts of ifs, ands, and buts and requiring the drawing of subtle nuances and hairline distinctions because such laws may be 'literally impossible ofapplication by the officer in the field. '^ 5e/^o«'s practical concern in forming a workable rule led the Court to a generalized rule that all passenger compartments fell within search incident to arrest. ^ Despite such an effort at clarity, search incident to arrest—at least in the vehicle context—became a doctrine divorced from its reasonable moorings.	cache/inlawrev-4093.pdf	txt/inlawrev-4093.txt