The defendant was arrested for driving while intoxicated. Incident to arrest, police searched the center console of the defendant's vehicle without a warrant and seized a baggie of ecstasy. Discuss whether the search of the center console was lawful. [New York v. Belton, 453 U. S. 454 (1981).

Question

Nora Escobar

Law

25 November, 11:38

The defendant was arrested for driving while intoxicated. Incident to arrest, police searched the center console of the defendant's vehicle without a warrant and seized a baggie of ecstasy. Discuss whether the search of the center console was lawful. [New York v. Belton, 453 U. S. 454 (1981).

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Henry Landry · Answer 1

The search was lawful.

(Check Explanation).

Explanation:

The case that is described in the question above is similar to the case of New York v. Belton, 453 U. S. 454 (1981).

In this case of police searching without warrant, many people or let me say defendants do argue that their right under the fourth and fourteenth Amendment act has been violated.

The search was lawful because the defendant broke one of the traffic laws that is driving while being intoxicated. This give the officer the right to " impound" the defendant's car and search for possible evidence which is known as an inventory search.