The Wisconsin Supreme Court affirmed the decision of the court of appeals affirming the decision of the circuit court denying Defendant’s motion to suppress evidence obtained from a warrantless search of Defendant’s vehicle incident to his lawful arrest for operating while intoxicated (OWI), holding that the search was lawful because the police had reasonable suspicion of criminal activity. In affirming the denial of Defendant’s motion to suppress, the court of appeals concluded that the lawful arrest for OWI, in and of itself, supplied a sufficient basis to search the passenger compartment of Defendant’s vehicle and, specifically, a bag located behind the driver’s seat that contained marijuana. The Wisconsin Supreme Court affirmed but on other grounds, holding (1) Defendant’s lawful arrest for OWI, in and of itself, did not supply a sufficient basis to search the passenger compartment of Defendant’s vehicle; but (2) based on the totality of the circumstances, the police had reasonable suspicion that the passenger compartment, and specifically, the bag might contain evidence of OWI.
Editor’s Note: This is a rare example of the application of the second Gant exception for searching a vehicle incident to arrest.
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