An officer stops a vehicle for speeding and after running the driver's license information discovers his license is suspended. He places the driver under arrest, handcuffs him and places him in the rear seat of his patrol vehicle. The officer then conducts a search incident to arrest of the passenger compartment of the vehicle and recovers a baggie containing suspected crack cocaine. The driver is charged with driving with a suspended license and possession of crack cocaine.
What, if any, argument will the defense raise regarding the search?
Was the search valid? Why or why not?