Evans

INTRODUCTION

Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to exit his automobile, officers broke the vehicle’s window, “Tased” and pepper sprayed him, forcibly removed him from the car, and arrested him for interfering with a police investigation. A warrantless search of the vehicle *739 at the scene revealed 11 empty sandwich baggies and $65 in cash, but no contraband. A second warrantless search of the car at an impound yard revealed cocaine hidden in an air vent. After the trial court denied Evans’s motion to suppress the baggies, cash, and cocaine, Evans pleaded no contest to violating Health and Safety Code section 11352, subdivision (a). Because the searches of his vehicle were not authorized under either the search incident to arrest exception to the warrant requirement (Arizona v. Gant (2009) 556 U.S. 332 [ 173 L.Ed.2d 485 , 129 S.Ct. 1710 ] (Gant)) or the automobile exception, they violated the Fourth Amendment. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

An information filed on November 19, 2009, charged Evans with the sale, transport, or…