After Gant, Is New York’s Car Search Rule Stricter, More Lenient or Juuuust Right?

Benjamin C. Wolf, Hofstra University

Abstract

This short article explores the Supreme Court's recent decision of Arizona v. Gant. Given that New York's Court of Appeals has traditionally been stricter than the United States Supreme Court with regard to the permissible scope of a search incident to a lawful arrest, this article asks whether the now-stricter Gant decision places the Supreme Court as strict as New York, less strict, or whether it remains more lenient.