Police may reasonably drill holes and remove portions of vehicle during traffic stop where motorist gives general consent to search

SEARCH & SEIZURE United States v. Gregoire, No. 04-4254, ___ F.3d ___ (10th Cir. Oct. 3, 2005)(Utah). Appeal of district court’s denial of motion to suppress drug evidence obtained from vehicle during traffic stop. HELD: District court properly denied defendant’s motion to suppress drug evidence found in vehicle incident to traffic stop. (1) Validity of Stop: Merging into traffic on interstate highway on-ramp constitutes turn to left or right (but not lane change) requiring use of turn signal under Utah traffic statute. Thus, where officer observed defendant’s vehicle enter traffic from on-ramp without using turn signal, officer had probable cause and reasonable suspicion to stop defendant for traffic violation. (2) Consent to Search: Defendant’s consent for roadside search of vehicle reasonably included permission for police officer to drill holes in floor and to use tool to pry away portion of vehicle undercarriage. Reasonable innocent person would expect more than cursory view of vehicle if police officer is looking for contraband. Read the opinion here.