San Francisco DUI Attorney: Post-Arrest Search of Vehicle Constitutional

 Posted on September 21, 2012 in DUI

State of Wisconsin v. Billips , Slip Copy, 2011 WL 4578555 (Wis.App.)

After arresting defendant for DWI and observing and seizing several open containers that were in plain view, a full search of defendant’s vehicle uncovered marijuana.

Rejecting the claim that the post-arrest vehicle search was unconstitutional per Arizona v. Gant (2009) 556 U.S. 332, the Court noted that Gant “expressly permits searches for evidence relevant to the crime of arrest and does not require police to stop that search once some evidence is found."