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STATE v. GANT

No. CR-06-0385-PR.

162 P.3d 640 (2007)

STATE of Arizona, Appellee, v. Rodney Joseph GANT, Appellant.

Supreme Court of Arizona.

July 25, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Phoenix, Eric J. Olsson, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Law Offices of Thomas Jacobs by Thomas F. Jacobs, Tucson, Attorneys for Rodney Joseph Gant.

Michael E. McNeff by Michael E. McNeff, Chandler, and Eric B. Edwards by Eric B. Edwards, Phoenix, Attorneys for Amici Curiae Arizona Law Enforcement Legal Advisors' Association and Arizona Association of Chiefs of Police.

Michael G. Rankin, Tucson City Attorney by Baird S. Greene, Principal Assistant City Attorney, Lisa A. Judge, Principal Assistant City Attorney, Tucson, Attorneys for Amicus Curiae City of Tucson.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case requires us to determine whether the search incident to arrest exception to the Fourth Amendment's warrant requirement permits the warrantless search of an arrestee's car when the scene is secure and the arrestee is handcuffed, seated in the back of a patrol car, and under the supervision of a police officer. We hold that in such circumstances, a warrantless search is not justified.

I. FACTS...

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