WI: OUI justifies Gant search incident of vehicle based at least on RS evidence might be found

Arrest for OUI permits a search incident of the interior of defendant’s car for evidence of the offense under Gant based at least on reasonable suspicion. “[P1] We review a decision of the court of appeals affirming the circuit court denial of Mose B. Coffee’s motion to suppress evidence obtained from a search of a vehicle incident to his lawful arrest for Operating While Intoxicated (OWI) that Coffee argues violated the Fourth Amendment of the United States Constitution. The court of appeals reasoned that the lawful arrest for OWI, in and of itself, supplied a basis to search the passenger compartment, and, specifically, a bag located behind the driver’s seat that contained marijuana. [P2] We disagree that the lawful arrest for OWI, in and of itself, supplied a sufficient basis to search the passenger compartment of Coffee’s vehicle. However, the search was lawful because police had reasonable suspicion, based on the totality of the circumstances, that the passenger compartment, and, specifically, the bag, might contain evidence of OWI. Accordingly, we affirm the court of appeals.” The court examines the categorical and totality approaches. State v. Coffee, 2020 WI 53, 2020 Wisc. LEXIS 130 (June 5, 2020).