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2010AP599-CR State v. Smiter

By: WISCONSIN LAW JOURNAL STAFF//December 28, 2010//

2010AP599-CR State v. Smiter

By: WISCONSIN LAW JOURNAL STAFF//December 28, 2010//

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Search and Seizure
Search incident to arrest

Where police officers had reason to believe evidence relevant to the crime of arrest might be found in the vehicle after arresting the driver, the search of the vehicle is lawful, even though the driver is secured.
“[T]he police officers had additional reasons to believe the Buick contained evidence relevant to the offense of the arrest, namely, possession of marijuana. First, upon approaching the vehicle, Detective Huerta noticed Smiter reach under the front passenger’s seat, consistent with trying to hide something. Next, when Detective Huerta picked up the marijuana blunt that Smiter had thrown from the Buick Detective Huerta noted it was damp ‘consistent with someone putting it in their mouth and moistening it.’ The dampness suggested to Detective Huerta that the blunt had been recently wrapped, and further suggested that perhaps there was a larger source of marijuana somewhere in the Buick.”

“Because Smiter was arrested for a drug offense, and because the police officers had additional reasons to believe relevant evidence of the drug offense may be located in the Buick-including Smiter’s furtive movements and the damp marijuana blunt-we conclude that the search of the Buick was authorized by Gant. Therefore, the search was lawful, and we affirm the circuit court’s order denying Smiter’s motion to suppress.”

Affirmed.

Recommended for publication in the official reports.

2010AP599-CR State v. Smiter

Dist. I, Milwaukee County, Van Grunsven, J., Brennan, J.

Attorneys: For Appellant: Silver, Maayan, Milwaukee; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee

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