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Hey guys, Anthony Bandiero Here, attorney, Senior Legal instructor for Blue to gold's got a question from an officer in Arizona. He says, When can I search a vehicle? After I arrest the driver for DUI? Alright, so, you know, we're making some assumptions here that the vehicle is probably not going to be towed. You know, somebody might come on scene and pick it up, or it's gonna be allowed to be parked. And officer wants to know, hey, look, Can I Can I still search it, you know, as incident to arrest? Based on DUI?

Well, you can search cars on a two circumstances, right? I mean, besides inventories, and consent, and so forth, when it comes to these DUIs? Number one is you have probable cause if you have probable cause that there's evidence in the vehicle, you search it. That's the motor vehicle exception. However, there's another way. And it's actually was provided to us by a very pretty famous case called Arizona versus dance. Arizona versus ganz says that you can search a vehicle if you have reason to believe there is a fence related evidence inside the vehicle. Okay, let's, let's parse that out a little bit. First, is this, this reason to believe, is reason to believe a lower or higher standard than probable cause? Well, it's lower, it's close to like reasonable suspicion. That's the first thing so you can actually search the car with less than probable cause. The second component is reason to believe what that there is offense related evidence instead, inside the vehicle. So if you're going to resume for DUI, do you have any reason to believe that offense related evidence can be inside the vehicle? Most of the time, the answer is going to be? Yes. But don't make it automatic. Don't think that, you know, don't go to court and say, Your Honor, if I arrest somebody for DUI, I'm automatically going to search that vehicle. Don't say stuff like that. Say, why would you have a reason to believe that there's something in the car? The key is articulation. They're coming from they're intoxicated and recovering from a friend's house? Well, it's pretty common that people bring BYOB they bring alcohol to people's houses, and then they retain some of it when they leave, right because alcohol is expensive. You know, you know, it's just kind of a it's a common thing. You know, you're cheap. You know, your friend, your friend feeds you some ribs and some burgers. And during leave your your leftover alcohol from the consume later, you cheap bastard. Right? So stuff like that. I another one, you ask the guy he's coming from a bar? Oh, yeah. How much did you have to drink two beers? Well, take him at face value if he really only had two beers. And he is clearly over the limit, by way more than two beers could do now have a reason to believe that there could be alcohol in that car. Think about it. Right? He saved two beers, then how did it get so drunk? He probably is, you know, maybe has opened containers, even though oftentimes these people lie to you about their consumption. But look, you know, he's telling you two beers. Could there be a receipt in the vehicle for a bar tab? The point is, is that you know, you want to you want to have some articulation, but it's but it's great that this is a this is a great lesson for you. There is actually multiple ways to search vehicles. These are just two of them: probably cars, and the Gantt reasons to believe search. So there's your answer. Short, sweet, keep them coming. Do me a favor, guys. Before you exit the door. Hit the like button. Subscribe, please subscribe and maybe do comment if you have time. Alright, until next time, my friends. Stay safe.