Interesting how the votes came down
In a 3 -2 decision, Arizona’s justices decided that police cannot routinely search vehicles without a warrant. Exceptions are limited to situations involving police safety or where waiting for a warrant could result in evidence being destroyed.
Arizona’s police departments consider this decision a defeat for law enforcement, inhibiting them in their work.
Although a Pima county judge upheld the search in the drug possession conviction of Rodney Gant, Vice Chief Justice Rebecca Berch, writing for the majority, said the Tucson Police Department violated the accused Fourth Amendment rights against unreasonable search and seizure.
Justice Scott Bales, writing the dissent, concluded his colleagues were misinterpreting the law.
Interesting note: Berch is a Republican appointed to the high court by then Gov. Jane Hull.
Bales is a Democrat appointed by Gov. Janet Napolitano.