In Arizona v. Gant, decided April 21, 2009, the United States Supreme Court held that a police officer may search the passenger compartment of a vehicle incident to a recent occupant arrest only it is is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of the arrest. The United States Supreme Court in Gant, narrowed its holding in New York v. Belton, 453 U.S. 454 (1981), which had been interpreted by some courts to allow a search of the passengers compartment of a vehicle even if there was no possibility that the arrestee might gain access to the vehicle.
In the context of a Massachusetts DUI arrest, Gant may provide a basis to have evidence suppressed found inside of the car after the arrest, such as open containers of alcohol or other evidence found through a search of the vehicle. While the police may be able to get this evidence admitted under other exceptions to the warrant requirement, Gant limits the ability of officers to search a vehicle after an arrest and in the context of a Massachusetts OUI case, it will be difficult for the officer to contend that the search of the car was justified to obtain evidence of the offense.
If you are charged with a Massachusetts DUI, call an experienced Massachusetts DUI attorney to defend your case.
