Summary
The Illinois Supreme Court held that police officers’ warrantless search of the defendant’s vehicle was not valid as a search incident to arrest under Arizona v. Gant. Because the defendant was handcuffed and secured away from the vehicle, and officers could not reasonably expect to find evidence of obstruction in the vehicle, the search violated the Fourth Amendment. The court reversed the appellate court, affirmed the circuit court’s suppression order, and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the State's timely motion to reconsider the circuit court's interlocutory suppression order tolled the period for filing a notice of appeal under Illinois Supreme Court Rule 606(b).
- Whether the warrantless search of Bridgewater's vehicle was valid as a search incident to arrest under the vehicle-search rule announced in Arizona v. Gant.
Holdings
- A timely motion to reconsider an order granting a defendant's motion to suppress tolls the time for filing the State's appeal under Illinois Supreme Court Rule 606(b). Because the State filed its notice of appeal the day after the denial of reconsideration, the appellate court had jurisdiction.
- A vehicle search incident to a recent occupant's arrest is authorized only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search, or when officers reasonably believe evidence relevant to the crime of arrest may be found in the vehicle. Because Bridgewater was handcuffed and secured in a squad car, and the officers could not reasonably expect evidence of obstructing a peace officer to be found in the vehicle, the search was invalid.
Key quotations
“Following Gant, a vehicle search incident to a recent occupant’s arrest is authorized only when: (1) the arrestee is unsecured and within reaching distance of the vehicle’s passenger compartment at the time of the search; or (2) officers reasonably believe evidence relevant to the crime of arrest may be found in the vehicle.”
“In sum, the search of defendant’s vehicle cannot be justified as a search incident to arrest under the Supreme Court’s recent holding in Gant.”
Factual background
A police officer stopped Lavar Bridgewater after observing him speeding and driving a vehicle with tinted front windows. After Bridgewater failed to comply with commands to return to the vehicle and remove his hands from his pockets, the officer arrested him for obstructing a peace officer, handcuffed him, and placed him in a squad car. Officers then searched Bridgewater's vehicle, finding an ammunition clip and a handgun, even though Bridgewater was secured away from the vehicle and the arrest offense involved only his failure to obey the officer's commands.
Procedural history
The Will County circuit court granted Bridgewater's motion to suppress evidence found during a warrantless search of his vehicle. The State timely moved for reconsideration, the circuit court denied that motion, and the State filed a certificate of substantial impairment and notice of appeal the next day. The appellate court reversed, holding the search valid as incident to arrest under Thornton v. United States. The Illinois Supreme Court held the State's appeal timely under People v. Marker, reversed the appellate court, affirmed suppression, and remanded.
Remand instructions
Remanded to the Will County circuit court for further proceedings consistent with the opinion after affirming the order suppressing the evidence seized from Bridgewater's vehicle.