IMO after Gant in 2009, an officer would be making bad case law if he did so. "Searching for his license" is pretty feather-legged. With CAD and the ability to search the DL record either the person exists or they do not. I'm not sure I could articulate PC for a search of a vehicle for a DL after the subject was lawfully arrested. And thanks to stupid AZ and their consistent ability to put out bad SC cases for LE, with Gant we lost search incident to arrest of the vehicle.srothstein wrote: I can make a search incident to arrest for any evidence that might help prove the crime. I can then search the car for his license. And if I find anything else while I am searching, it is legal to use.
I actually agree with the ruling, and can see the potential for abuse. It does however make my job more difficult.
The above is slightly of topic, but I'm curious if you would agree with my thoughts on the situation we face post-Gant?