Gant v Arizona

Gant v Arizona 556 U.S. 332 (2009) is a relatively new Supreme
Court decision from 2009, which further limited the search incident to
arrest exception to the warrant requirement. Research this case and skim
the actual opinion. Apply the rationale found in this case to the
following fact pattern and respond with a 1-2 page report of your
analysis.

Fact Pattern
Gigi is cruising down Collins Boulevard in Miami Beach, Florida
– top down on her convertible, taking in the sea breeze, listening to
the radio, when all of a sudden she hears sirens behind her and sees a
police car, headlights blazing pulling up behind her. She pulls over
and parks her car in a legal parking spot and waits to see what the
officers want. An officer approaches her and asks her for her license
and registration. She asks the officer what she is being stopped for
and the officer tells her that she crossed over the center lane twice
and they are stopping her for suspicion of driving under the influence.
She is asked to exit the car and perform field sobriety tests and she
complies. She passes the tests and then is asked to blow into the
breathalyzer. She remembers her sister, the lawyer’s words and says she
will not take the breathalyzer test. She is told she will be arrested
if she does not take the test. She still will not give a breath sample.
She is arrested and placed into the back of the police car. The
officers search her car incident to her arrest.

Is this legal under Arizona v Gant?