In this archive episode, Dennis explains case laws around post DWI arrest vehicle searches. Recorded on 07/28/2017.

The wording in Witt and Alston and touching on searching post DWI… State V. Irelan 2005 This case ruled officers have the right to search a motor vehicle for open containers after an arrest for DWI.

(1) the police may lawfully affect a custodial arrest of a motorist when there is probable cause of a DWI violation;

(2) incident to the arrest, the police may search the person of the arrestee; and

(3) a contemporaneous warrantless search of the vehicle is permissible

We hold that these facts are sufficient to support a reasonable well-grounded suspicion that alcohol was consumed in the vehicle, and thus the vehicle contained open containers of alcohol. Therefore, the probable cause prong of the automobile exception is met. http://caselaw.findlaw.com/nj-superior-court…/1053523.html

This will be allowed for CDS-related DWI’s as well. http://caselaw.findlaw.com/nj-superior-court…/1053523.html

Significantly, we also made clear in Alston, supra, that merely because “the particular occupants of the vehicle may have been removed from the car, arrested, or otherwise restricted in their freedom of movement,” police were not required to secure a warrant. 88 N.J. at 234. http://caselaw.findlaw.com/nj-supreme-court/1713839.html