DC: Gant search incident may precede arrest

Search incident under Gant may precede the arrest, but the product of the search cannot justify it. There must be preexisting cause. “[T]he legality of a Gant evidence search does not depend on whether the officers intended to arrest the suspect at the time of the search at issue.” Here, defendant was stopped for a headlight being out, and then it was discovered there was an expired DL. When defendant got out of the car, there was an open tequila bottle on the console between him and the passenger. Before the passenger could be allowed to leave with the car, it was reasonable to search it for more alcohol. United States v. Lewis, 2016 D.C. App. LEXIS 369 (Sept. 29, 2016) (en banc), rev’g, 100 A.3d 157 (D.C. 2014).