ID: Suspicious person was subjected to a search under automobile exception so Gant did not apply

Defendant was stopped in a park at night, and his car was searched. He argued that the search was invalid under Gant, and the state argued pre-Gant good faith. Instead, the court found the search valid under the automobile exception. Under the totality of circumstances, it was apparent that defendant was up to no good when he was in the park, likely there to commit a robbery or worse because he had the accouterments for it, and this was not just a guy violating the city ordinance of being in the park after hours. He was convicted of attempted rape. State v. Newman, 149 Idaho 596, 237 P.3d 1222 (App. 2010).*

Officers continued to detain the defendant after his information came back “good” and he had no wants or warrants. The officers were still unsure that he was correctly identified, and that made the continuation reasonable. He consented during the continuation. Jones v. Commonwealth, 279 Va. 665, 691 S.E.2d 801 (2010).*

Threats to get a warrant for urine did not make defendant’s consent to breath test involuntary. State v. Hays, 234 Ore. App. 713, 228 P.3d 731 (2010).*