Section 6.22 Search Incident to Arrest

• Library: DWI 2014

Under certain circumstances, a police officer may conduct a search of a person and the person’s vehicle incident to a lawful arrest. The authority of the police to search a vehicle incident to a lawful arrest was re-examined by the Supreme Court and has been significantly limited. Ariz. v. Gant, 556 U.S. 332 (2009). Essentially, a search of an automobile incident to a recent occupant’s lawful arrest may only be conducted if:

· the arrestee is within reaching distance of the passenger compartment at the time of the arrest; or

· it is reasonable to believe that the vehicle contains evidence of the offense that is the subject of the arrest.

In Gant, the defendant was arrested for driving without a valid driver’s license. He was handcuffed and placed in the back of the officer’s patrol car. His vehicle was then searched incident to his arrest. During the search, officers discovered cocaine in the pocket of a jacket that was found in the back seat of the defendant’s car. Citing the constitutional protections for the...