The Second Appellate District reversed a judgment and remanded with directions. The court held that two warrantless searches of an auto that were conducted after a defendant who was stopped for a traffic violation refused to comply with a command to exit his auto were not authorized under the warrant-requirement exceptions for a search incident to arrest or for search of an automobile.
Law enforcement officers observed Vernon Evans commit a traffic violation. The officers stopped Evans. Evans was ordered to exit his auto. He refused to comply. The officer’s then broke a window of the auto, tased and pepper-sprayed Evans, forcibly removed him from the auto, and arrested him for interfering with a law-enforcement investigation.
