Utah Special Function Officer (SFO) Practice Exam

Under what conditions can police search a vehicle incident to arrest according to Arizona v. Gant?

1. If the arrestee has been convicted of a crime

2. Only if the arrestee might access the vehicle or it contains evidence

3. After obtaining a search warrant

4. If the vehicle is in a public place

The correct answer is: Only if the arrestee might access the vehicle or it contains evidence

In the case of Arizona v. Gant, the U.S. Supreme Court clarified the circumstances under which police officers may search a vehicle incident to an arrest. The ruling specifies that such a search is permissible only when the arrestee is within reaching distance of the vehicle at the time of the search or if it is reasonable to believe that evidence related to the crime for which the individual has been arrested may be found in the vehicle. This means that for a search to be lawful in this context, there are two critical conditions: first, the arrestee must have the ability to access the vehicle at the time of the search, which could potentially allow them to destroy evidence or retrieve a weapon. The second condition addresses the potential presence of evidence relevant to the arrest within the vehicle. If these conditions are met, then the search is deemed reasonable under the Fourth Amendment. The other options do not align with the legal standards set by this ruling. For instance, a prior conviction of a crime does not inherently justify a search of the vehicle without consideration of the arrestee's ability to access it or the existence of potential evidence. Obtaining a search warrant is not necessary in these circumstances, as the ruling specifically addresses searches incident to arrest without a