Legal Question in Criminal Law in Florida

Re: Arizona vs Gant

Most legal experts say no. The reasons why are very complex, but, I think what it comes down to is this: the old rule, the "Belton" rule, was around for a long time, and courts don't like to go back and undo a rule that was around for a long time. If they did, they'd have to reopen a ton of old cases. Courts love it when cases are closed. They love it when cases are off the docket, and they hate it when old cases jump back onto the docket.

There's a case out of the U.S. Supreme Court called "Teague" that explains all this in much more complex language.

But the reason why you can't find the answer to your question is that no one knows for sure, and no one will know for sure until the U.S. Supreme Court tells us for sure, which may not ever happen.

So we defense lawyers get to argue in the trial courts about why Gant goes way back and prosecutors get to argue about why it doesn't. And questions like yours go unanswered. That's why we lawyers get the big bucks. What a system.