The warrantless search of the passenger compartment of defendant's auto in connection with a stop and arrest for DWI, while he was handcuffed in the police car, during which police seized a loaded handgun, was valid under the automobile exception to the warrant requirement because the police had probable cause to believe the auto contained evidence of the offense for which defendant was arrested (open containers of alcohol) and there were exigent circumstances; the suppression of the gun is reversed.
February 21, 2005 at 12:00 AM
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