United States v. Wilmet Steven Lorenzo, Jr.

Appellee, Wilmet Lorenzo, Jr., was charged with drunk driving and illegal possession of a firearm, marijuana, and cocaine. The drugs and loaded weapon were found in Lorenzo’s car by police officers who conducted a search of the vehicle after arresting Lorenzo for driving while intoxicated. The district court granted Lorenzo’s motion to suppress all evidence uncovered by the search of the car. Additionally, it held that certain post-arrest statements made by Lorenzo must also be suppressed as tainted by the prior illegal search. The government appeals, asserting that, in reaching its decision on the suppression issue, the district court misinterpreted this circuit’s opinion in United States v. Vasey, 834 F.2d 782 (9th Cir.1987). We agree and therefore reverse and remand.

In Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969), the Supreme Court announced an exception to the general rule that the police may not conduct warrantless searches, holding that “a lawful custodial arrest creates a situation which justifies the contemporaneous search without a warrant of the person arrested and of the immediately surrounding area.” New York v. Belton, 453 U.S. 454, 457…