New York v. Belton, 453 U.S. 454, had been read to allow a complete search of the passenger compartment of an automobile as a reasonable search under the Fourth Amendment whenever any occupant of the car was arrested for any reason. This was true even if that occupant was secured in the back of a police car before the search was conducted. State v. Murrell, 94 Ohio St.3d 489, 2002-Ohio-1483. But not anymore!
Today in Arizona v. Gant, the SCOTUS reigned in Belton to allow an unlimited search of the passenger compartment of a car if an occupant of the car was arrested in only two circumstances. One is if the occupant still has access to the passenger compartment of the car (to prevent the occupant from getting a weapon or hiding evidence). Two is if the officers have a reasonable belief that evidence might be found in the car that relates to the reason the occupant was arrested (for example, a search for drugs if the occupant was arrested for drug dealing from the car).
Ohio's Second District Court of Appeals recently struggled with this very issue. In State v. Williams, 2009-Ohio-1627, the Second District said it was bound to follow the Ohio Supreme Court's interpretation of Belton and allow a search incident to the arrest of a recent occupant of a car who had an outstanding warrant for his arrest (the car was stopped for littering). Today's decision by the Ohio Supreme Court appears to give Williams solid grounds for an appeal to the Ohio Supreme Court.
