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Search Incident to Arrest After Gant: Search Of This Luggage Was Constitutional

November 28, 2014 By Arthur McGibbons

People v. Cregan, 2014 IL 113600 (February). Episode 032 (Duration 22:43)

Arizona v. Gant was the landmark decision by the Supreme Court which prevented police officers from searching the contents of a car after the arrest of the driver. 

search indent to arrest after gantGist

The Illinois Supreme Court Decision, People v. Cregan, released on February 21, 2014 has altered the landscape on searches incident to arrest.

Arizona v. Gant Update: The Illinois Supreme Court in People v. Creagen Has Made a Search of Your Luggage Much Easier After a Search Incident to Arrest

In this Podcast – 

  • Samuel Partida, Jr. discusses the facts of this case,
  • reviews the body of case law leading to this case,
  • summarizes the defense argument,
  • summarizes the prosecution argument,
  • discusses the court ruling, and
  • leaves practicing attorneys with a final take away for their practice.

Busy criminal law litigators have got to take the less than 25 minutes necessary to get up to speed on this development! Anyone else who just wants to educate themselves, will certainly find interesting knowledge in this podcast.

These are the cases discussed:

  • Arizona v. Gant, 556 U.S. 332 (2009)
  • People v. Cregan, 2014 IL 113600 (2014)
  • New York v. Belton, 453 U.S. 454 (1981)
  • Chimel v. California, 395 U.S. 752 (1969)
  • People v. Hoskins, 101 Ill.2d 209 (1984)
  • United States v. Chadwick, 433 U.S. 1 (1977)
  • United States v. Robinson, 414 U.S. 218 (1973)
  • Further Additional Search Resources Are Found Here

Filed Under: Podcast, Search Incident to Arrest

Where’s Samuel Partida, Jr.?

Samuel Partida, Jr.Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.

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