gant v arizona

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Gant v Arizona 556 U.S. 332 (2009) is a relatively new Supreme Court decision from 2009, which further limited the search incident to arrest exception to the warrant requirement. Research this case and skim the actual opinion. Apply the rationale found in this case to the following fact pattern and respond with a 1-2 page report of your analysis.

Fact Pattern
Gigi is cruising down Collins Boulevard in Miami Beach, Florida – top down on her convertible, taking in the sea breeze, listening to the radio, when all of a sudden she hears sirens behind her and sees a police car, headlights blazing pulling up behind her. She pulls over and parks her car in a legal parking spot and waits to see what the officers want. An officer approaches her and asks her for her license and registration. She asks the officer what she is being stopped for and the officer tells her that she crossed over the center lane twice and they are stopping her for suspicion of driving under the influence. She is asked to exit the car and perform field sobriety tests and she complies. She passes the tests and then is asked to blow into the breathalyzer. She remembers her sister, the lawyer’s words and says she will not take the breathalyzer test. She is told she will be arrested if she does not take the test. She still will not give a breath sample. She is arrested and placed into the back of the police car. The officers search her car incident to her arrest.

Is this legal under Arizona v Gant?

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