Abstract
Moran examines why the current state of the US Supreme Court's vehicular search incident to arrest jurisprudence is confusing and woefully underprotective at worst. The majority of lower courts currently interpret the Court's search incident to arrest jurisprudence as per se permitting vehicular searches incident to arrest of all occupants or recent occupants, even where the search does not involve any threat of officer injury or evidence destruction, and has no possibility of uncovering evidence related to the crime of arrest. The Supreme Court has--and should take advantage of--the occasion in Gant to affirm the Fourth Amendment's significance by explicitly prohibiting searches incident to arrests for nonevidentiary offenses.