Can a Vehicle Search Incident to Arrest Include the Trunk?

In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court ruled that a motor vehicle may be searched incident to the arrest of a recent occupant “only if [1] the arrestee is within reaching distance of the passenger compartment at the time of the search or [2] it is reasonable to believe the vehicle contains evidence of the offense of arrest.” The second justification for a vehicle search under Gant was new, and the Court stated with little explanation that it was based on “circumstances unique to the vehicle context.” But just how far does search authority under that exception extend? First Gant exception limited to passenger compartment. As a preliminary matter, a vehicle search incident to arrest that is based on the arrestee’s proximity to the vehicle is pretty clearly limited to the passenger compartment. The Gant opinion refers to the arrestee being “within reaching distance of the passenger compartment.” Furthermore, such a search is justified because of the risk that the arrestee could grab a weapon or destructible evidence. That risk is substantial with respect to the passenger compartment of a vehicle, which is normally quickly accessible from the outside. The risk is less with respect to the trunk, which is typically inaccessible from the outside. Analyzing the second Gant exception. But what about a vehicle search incident to arrest that is based on reason to believe that evidence of the offense of arrest is in the vehicle? For example, if an officer arrests a vehicle occupant for [...]