The Illinois Supreme Court's interpretation of GANT

In a recent case the Illinois Supreme Court put its Good Housekeeping Seal of Approval on the dictum in GANT.

In that case People v Bridgewater, 918 NE2d 553 (2009), an officer stops the car Bridgewater is driving and subsequently arrested for obstructing. Bridgewater is handcuffed and placed in the back seat of the police vehicle.

Officers then search Bridgewater's car and discover a gun.

The court in ruling that the gun was not admissible, stated,

"Following Gant, a vehicle search incident to a recent occupant's arrest is authorized only when:
(1) the arrestee is unsecured and within reaching distance of the vehicles's passenger compartment at the time of the search;
or
(2) officers reasonably believe evidence relevant to the crime of the arrest may be found in the vehicle."

Best -

DA