Defendant was pulled over for driving without license plates. The officer discovered defendant’s driving permit had expired. Defendant was arrested and placed in the patrol car. At that point the officer searched defendant’s car without a warrant and found drugs. The evidence was admitted at trial and the defendant was convicted.
On appeal, defendant argued the application of Arizona v. Gant, 129 S.Ct 1710 (2009), which ruled that there was no justification for a warrantless search incident to arrest where the arrestee was detained and there was no danger to the officers’ safety or risk of compromising the evidence. The appeals court agreed and reversed the drug possession conviction.
Thus, had the officers simply followed protocol, towed the defendant’s vehicle to impound, and searched the vehicle there pursuant to appropriate procedures, the defendant in this case would have been properly convicted. What you need to know: if you are arrested and your car is impounded assume it will be searched and all evidence admissible against you; the defendant in the above case just got lucky an overzealous cop couldn’t wait a few minutes before searching the vehicle. State of Missouri v. Johnson, No. 70167 (Mo. App. W.D., July 13, 2010) (on appeal to Missouri Supreme Court).