Purses, Fanny Packs, Backpacks, and Duffel Bags: The Impact of Arizona v. Gant on Searches of Hand Luggage Incident to Arrest

Law enforcement officers have long been authorized to search a person incident to the person’s arrest. But the precise scope of that authority has shifted over time. The most recent major case in this area was Arizona v. Gant, 556 U.S. 332 (2009), which placed new limits on an officer’s ability to search a motor vehicle incident to the arrest of an occupant. Whether Gant has any impact on an officer’s authority to search hand luggage like purses and backpacks has been the subject of considerable controversy. The issue is important given the ubiquity with which men as well as women carry backpacks, satchels, crossbody slings, and many other types of bags. This post discusses searches of such items incident to arrest. The Supreme Court landmarks. Understanding this area of law requires knowing three major cases. First, in Chimel v. California, 395 U.S. 752 (1969), officers searched an arrestee’s entire home incident to his arrest. The Supreme Court ruled that the search violated the Fourth Amendment. It held that a search incident to arrest could extend only to the area “within the immediate control” of the person arrested – in essence, the area from which he might access a weapon or destroy evidence. Second, in New York v. Belton, 453 U.S. 454 (1981), an officer stopped a vehicle for speeding, smelled marijuana, and arrested the four occupants for possession of marijuana. He then searched the passenger compartment of the vehicle and found cocaine. The Supreme Court upheld the search, stating that [...]