In Thornton, the Court recognized the scope of Belton's holding. Second, as discussed above, Gant's second prong is premised on circumstances unique to automobiles that the Fourth Amendment deems significant. In Washington, the battle over the meaning of the Gunwall criteria extended over a period of many years. See Sterndale, 656 A.2d at 409–10. They are meant to protect individual citizens and their reasonable expectations of privacy. Chimel did not involve the search of a vehicle; rather, police arrested the defendant in his home and “then looked through the entire three-bedroom house, including the attic, the garage, and a small workshop.” Id. In contrast to Belton, which involved a single officer confronted with four unsecured arrestees, five officers handcuffed and secured Gant and the two other suspects in separate patrol cars before the search began. See, e.g ., State v. Elison, 302 Mont. But, based on nothing more than the three cases noted above and aspirations surrounding EDMS, the majority seems to believe an officer can simply type up a search warrant application, contact a judicial officer, and get permission to search a vehicle irrespective of the time of day or whether the stop occurs in a rural or urban setting. For instance, in Schneckloth v. Bustamonte, the United States Supreme Court rejected a bright-line requirement of knowing consent in favor of a “blender” method of constitutional adjudication in which all the circumstances present are thrown into a blender like fruits and vegetables, the blender is turned on high, and judges rule based upon a judicial taste test. Viewing Chimel as having focused on the time of arrest, Belton's only new step was to eliminate the need to decide on a case-by-case basis whether a particular person seated in a car actually could have reached the part of the passenger compartment where a weapon or evidence was hidden. As both parties recognized, the automobile exception provides an alternative ground to uphold the search of Gaskins's van. The better rule is one that creates adequate disincentives for an officer to search an automobile when he or she truly has no basis for doing so, without compromising safety and evidentiary objectives. at 1720, 173 L.Ed.2d at 497 (“A rule that gives police the power to conduct such a search whenever an individual is caught committing a traffic offense, when there is no basis for believing evidence of the offense might be found in the vehicle, creates a serious and recurring threat to the privacy of countless individuals.”). Phoenix, AZ, Begin typing to search, use arrow keys to navigate, use enter to select.

Gaskins filed a motion to suppress the contents of the safe, asserting “[t]here existed no reason to proceed with the search ․ without a warrant.” More specifically, he contended the search was not justified by any threat to the officers' safety or danger that evidence would be destroyed because both occupants of the van had been placed in custody and secured in a squad car away from the van. at 2867, 69 L.Ed.2d at 779 (Brennan, J., dissenting) (characterizing this assumption as “fiction”). Commonwealth v. Shaw, 564 Pa. 617, 770 A.2d 295, 298 n. 2 (Pa.2001). On one hand, some have suggested “[t]he semicolon suggests the framers believed that there was a relationship between the reasonableness clause and the warrant clause.” Id. See, e.g., Gerawan Farming, Inc. v. Lyons, 24 Cal.4th 468, 101 Cal.Rptr.2d 470, 12 P.3d 720, 751–52 (Cal.2000) (noting Supreme Court decisions are given voluntary respectful consideration); State v. Campbell, 306 Or. Respondent was arrested by Phoenix police during a routine traffic stop when a patrol car's computer indicated that there was an outstanding misdemeanor warrant for his arrest. Police authority to search the place in which a lawful arrest is made was broadly asserted in Marron v. United States, 275 U. S. 192 (1927), and limited a few years later in Go-Bart Importing Co. v. United States, 282 U. S. 344 (1931), and United States v. Lefkowitz, 285 U. S. 452 (1932). at 481; see also Ochoa, 792 N.W.2d at 267 (“The degree to which we follow United States Supreme Court precedent, or any other precedent, depends solely upon its ability to persuade us with the reasoning of the decision.”).26. at 522 (Mansfield, J., dissenting). However, these concerns are premised on the notion the vehicle would remain on the street. In other words, state constitutional law independent of federal precedent is governed by an “ironclad checklist,” and when the United States Supreme Court changes course, the state court must follow unless the requirements of a thread-the-needle checklist have been met. The dissent in the Arizona Supreme Court's Gant decision shares the majority's misgivings but does not believe it is the place of a state supreme court to reconsider the wisdom of existing U.S. Supreme Court precedents. In Short, for instance, we cited the work of Thomas Y. Davies, who has encouraged state supreme courts to engage in authentic search and seizure historical analysis to avoid unoriginal use of reasonableness that engages in relativistic balancing. Perhaps it is fitting, then, that in October of 2008 the US Supreme Court heard oral arguments in Arizona v. Gant, a relatively local case that could have national consequences. The officers' safety was not endangered, and Gaskins could only have reached the vehicle to destroy evidence if he had “the skill of Houdini and the strength of Hercules.” United States v. Frick, 490 F.2d 666, 673 (5th Cir.1973) (Goldberg, J., concurring in part and dissenting in part). If the record is adequate, we review ineffective-assistance claims de novo. See State v. Watts, 801 N.W.2d 845, 854–55 (Iowa 2011) (collecting cases and stating that “notably, many other courts have found that the odor of raw or growing marijuana by itself can provide sufficient probable cause for a search”); State v. Moriarty, 566 N.W.2d 866, 869 (Iowa 1997) (holding that marijuana odor was part of the basis for probable cause); State v. Merrill, 538 N.W.2d 300, 301 (Iowa 1995) (same); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (holding marijuana odor alone supported probable cause). The court convicted Gant on two counts of cocaine possession. See Vance, 790 N.W.2d at 787–88 (tracing the history of criticism); see also Gant, 556 U.S. at 350–51, 129 S.Ct. This formulation of officers' authority both preserves the outcomes of our prior cases and tethers the scope and rationale of the doctrine to the triggering event. See, e.g., Paul G. Cassell, The Mysterious Creation of Search and Seizure Exclusionary Rules Under State Constitutions: The Utah Example, 1993 Utah L.Rev. The search of Gaskins's van was constitutional under our court's precedent and the Fourth Amendment decisions of the United States Supreme Court. The majority also gives short shrift to relevant testimony at the suppression hearing. Even so, the "bright line" rule announced in Belton has drawn much criticism, as many think it strays too far from the rationale for allowing a warrantless search incident to arrest in the first place. The parties' briefs and the majority opinion are two ships passing in the night. art. at 2864, 69 L.Ed.2d at 775. 881, 883–84, 11 L.Ed.2d 777, 780–81 (1964).

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