827 N.W.2d 650
Wis. Ct. App.2013Background
- Lefler was arrested for OWI and a trunk search followed after handcuffing.
- Lefler was a known burglary suspect with tools suitable for breaking in found in plain view in his car.
- The trunk contained tool containers later identified as stolen from Texas; Lefler confessed to burglaries.
- Lefler moved to suppress the trunk search as incident to OWI arrest; circuit court denied.
- Lefler pled guilty to burglary-related counts and OWI; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to search the trunk? | Lefler: no privacy justification and no probable cause. | State: prior burglar suspect and tools support probable cause. | Yes; probable cause to search the trunk existed. |
| Does Lefler have a reasonable expectation of privacy in the trunk after arrest? | Lefler: no Fourth Amendment privacy in trunk post-arrest. | State: Gant framework applies; search justified by arrest-related factors. | Court declined to rely on those arguments; special rationale supports search. |
| Does Ross-based rule justify trunk search when probable cause exists to find burglary-related evidence? | Lefler: Ross does not apply here without privacy or probable-cause linkage. | State: Ross permits search of vehicle and contents with probable cause to contain evidence. | Yes; probable cause to find burglary-related evidence justified search of entire vehicle, including trunk. |
Key Cases Cited
- State v. Dearborn, 327 Wis.2d 252 (Wis. 2010) (Fourth Amendment protection context for searches)
- State v. Artie, 327 Wis.2d 392 (Wis. 2010) (clear delineated exceptions to warrantless searches)
- State v. Pozo, 198 Wis.2d 705 (Wis. 1995) (probable cause to believe vehicle contains evidence)
- State v. Sloan, 303 Wis.2d 438 (Wis. 2007) (totality of the circumstances in evaluating probable cause)
- United States v. Ross, 456 U.S. 798 (U.S. 1982) (probable cause to search vehicle allows search of its contents)
- Baudhuin, 141 Wis.2d 642 (Wis. 1987) (correct holding upheld on appeal even if not argued below)
- New York v. Belton, 453 U.S. 454 (U.S. 1981) (vehicle searches incident to arrest framework)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits on warrantless vehicle searches after arrest)
- State v. Robinson, 327 Wis.2d 302 (Wis. 2010) (context for reviewing search and probable cause)