929 N.W.2d 245
Wis. Ct. App.2019Background
- Officer stopped Mose Coffee for impaired driving; observed slurred speech, bloodshot/glazed eyes, and strong odor of intoxicants; Coffee was arrested for OWI and secured in the squad car.
- Officer Skelton asked arriving officers to search Coffee's vehicle; they found a tote-style bag behind the driver’s seat that was reachable from the front.
- Inside the bag officers located two mason jars with suspected marijuana flakes, multiple cell phones, many small clear plastic baggies, and other items; additional marijuana and paraphernalia were found in the trunk.
- Coffee moved to suppress all drug evidence, arguing a search incident to OWI arrest was unreasonable because alcohol (the substance the officer smelled) is typically consumed elsewhere and would not reasonably be expected inside a deep container in the car.
- The circuit court denied suppression; Coffee pled to OWI (second offense) and possession with intent to deliver and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a vehicle search incident to an OWI arrest was reasonable when officers searched a bag behind the driver and found drugs | Coffee: No reasonable belief evidence of OWI would be in that bag; alcohol is usually consumed elsewhere and would not be expected at the bottom of the bag | State: OWI arrest covers impairment by alcohol or drugs; officers reasonably could expect evidence of intoxication (alcohol, drugs, paraphernalia, receipts) in the vehicle and containers | Search lawful: when arrested for OWI, officers may search vehicle and containers because evidence relevant to OWI might be found |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (search-incident-to-arrest of a vehicle is permitted only when it is reasonable to believe evidence of the offense of arrest might be found in the vehicle)
- State v. Dearborn, 327 Wis. 2d 252 (2010) (Wisconsin adoption and application of Gant standard)
- State v. Denk, 315 Wis. 2d 5 (2008) (State bears burden to establish exception to warrant requirement)
- State v. Reed, 384 Wis. 2d 469 (2018) (constitutional protection against unreasonable searches; context for warrant exceptions)
- People v. Evans, 200 Cal. App. 4th 735 (2011) (recognizing it is logical to expect alcohol or drug-related items inside an intoxicated driver’s car)