CO: Gant doesn’t apply to backpacks in hand when first arrested

Defendant’s backpack was lawfully searched incident to his arrest. Arizona v. Gant applies to vehicles, and it does not change the rules of search incident of the person. People v. Marshall, 2012 CO 72, 289 P.3d 27 (2012):

[*P14] In contrast to the search of a vehicle, the arrest of a person necessarily involves greater officer safety concerns because, unlike items in the compartment of a vehicle, the arrested individual might still be able to access those items on his person even after arrest. Similarly, because the items remain in close proximity to an arrested individual, he might still be able to access that evidence. In brief, there is a factual distinction between searches of cars and persons. This Court’s Fourth Amendment jurisprudence reflects this distinction and, accordingly, indicates that the trial court’s extension of Gant without additional guidance from the United States Supreme Court was error. Compare Gant, 556 U.S. at 337-38, with United States v. Robinson, 414 U.S. 218, 226, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973). As such, we turn to this Court’s precedent addressing the search of a person incident to arrest.