California, United States of America
The following excerpt is from People v. Quinonez, B222360 (Cal. App. 2011):
Appellant argues that under Arizona v. Gant (2009) __ U.S. __ [129 S.Ct. 1710] (Gant) the search of appellant's car was improper. Gant stands for the rule that a vehicle search incident to a recent occupant's arrest after the arrestee has been secured and cannot access the interior of the vehicle is invalid. (Id. at p. 1714.) Because appellant was presumably not arrested until after the search of the car, this rule is inapplicable here.3 The search of appellant's car was not incident to an arrest because appellant had only been detained at that time.
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