People v. Tavernier, 295 Mich. App. 582

Defendant was convicted after a bench trial of carrying a concealed weapon, felon in possession of a firearm, felony-firearm, operating a vehicle while intoxicated with a minor, and marijuana possession.
Sentenced to two years for felony-firearm, to be served consecutive to three years’ probation for the other offenses.
Court affirmed the convictions on appeal.
Defendant challenged the denial of a suppression motion based on Arizona v. Gant.
The suppression ruling involved whether the vehicle search was justified under Gant’s second prong (evidence in the vehicle of the offense of arrest).
The arrest officer cited totality-of-circumstances factors (erratic driving, curb strike, failed sobriety tasks, statements about surgery, and brother’s information about pain medication) supporting an arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the vehicle search was reasonable under Gant v. United States.	People argued the search was permitted by Gant’s vehicle-evidence rule.	Gant requires a warrant or clearly absent justification beyond the arrest.	Search reasonable under Gant; suppression denied.

New York v. Belton, 453 U.S. 454 (U.S. 1981) (allowed search of passenger compartment incident to arrest)
United States v. Gant, 556 U.S. 332 (U.S. 2009) (second-prong justification for vehicle searches when evidence of the offense may be found)
Thorton v. United States, 541 U.S. 615 (U.S. 2004) (officer safety and evidence-based justification for searches)
People v. LoCicero, 453 Mich. 496 (Mich. 1996) (totality-of-circumstances and reasonableness review in suppression)
People v. Oliver, 464 Mich. 184 (Mich. 2001) (deference to police experience in evaluating suspicions)
People v. Nelson, 443 Mich. 626 (Mich. 1993) (reasonableness and the interpretation of Fourth Amendment standards)