Opinion · Supreme Court of the United States
New York v. Belton
453 U.S. 454
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1981-09-23
- Topic
- litigation
holding that even a search incident to arrest in a vehicle does not itself permit a search of the trunk | holding that even a search incident to arrest in a vehicle does not itself permit a search of the trunk | holding that a police officer may conduct a search of the passenger compartment of an automobile incident to arrest | holding that search incident to arrest may include contents of any container within passenger compartment | recognizing that permissive search of car compartment incident to arrest is based on the fact that compartment is "within reach" of the arrestee | holding that the search of an automobile passenger compartment after the defendant was removed from the automobile and secured was reasonable | holding that an officer's search of a vehicle pursuant to arrest may lawfully include the entire vehicle, including containers within the vehicle | holding that an officer’s search of a vehicle pursuant to arrest may lawfully include the entire vehicle, including containers within the vehicle | holding that when an officer “has made a lawful custodial arrest of occupant of an automobile,” the officer may “search the passenger compartment of that automobile” | holding that the police may, as an incident of a lawful custodial arrest, conduct a warrantless search of the passenger compartment of an automobile | holding that the police may, as an incident of a lawful custodial arrest, conduct a warrantless search of the passenger compartment of an automobile | holding that after making an arrest of the driver of a vehicle, the police may search the passenger compartment of the vehicle | holding that police may search containers, whether open or closed, located within arrestee’s reach | holding that police may arrest for fine-only offense of minor traffic violation and conduct contemporaneous search of motor vehicle’s passenger compartment, its occupants and closed containers as incident to lawful arrest | holding that a search within the passenger compartment of a car in which the defendant had just been sitting was permissible as a search incident to arrest | holding that, when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile | holding that an officer may search the passenger compartment of a vehicle without a warrant as a search incident to the arrest of its occupants | holding that the search of a jacket on the floor of a car was valid as incident to a lawful arrest | holding that when law enforcement officer makes lawful custodial arrest of automobile's occupant, officer may search passenger compartment of automobile as contemporaneous incident of arrest | recognizing that permissive search of car compartment incident to arrest is based on the fact that compartment is "within reach" of the arrestee | holding that an officer’s search of a vehicle pursuant to arrest may lawfully include the entire vehicle, including containers within the vehicle | holding that after making an arrest of the driver of a vehicle, the police may search the passenger compartment of the vehicle | holding that a police officer may conduct a search of the passenger compartment of an automobile incident to arrest | holding that a police officer may conduct a search of the passenger compartment of an automobile incident to arrest | holding that if firearm is in passenger compartment of vehicle and is accessible, it is within control of driver | holding that a police officer may conduct a search of the passenger compartment of an automobile incident to arrest | holding that when police have "made a lawful custodial arrest of the occupant of an automobile, [they] may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile" | holding that when an officer has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that
Citator
- Cited by
- 1465 opinions
delivered the opinion of the Court.
When the occupant of an automobile is subjected to a lawful custodial arrest, does the constitutionally permissible scope of a search incident to his arrest include the passenger compartment of the automobile in which he was riding? That is the question at issue in the present case.
I
On April 9, 1978, Trooper Douglas Nicot, a New York State policeman driving an unmarked car on the New York Thruway, was passed by another automobile traveling at an excessive rate of speed. Nicot gave chase, overtook the speeding vehicle, and ordered its driver to pull it over to the side of the road and stop. There were four men in the car, one of whom was Roger Belton, the respondent in this case. The policeman asked to see the driver’s license and automobile registration, and discovered that none of the men owned the vehicle or was related to its owner. Meanwhile, the policeman had smelled burnt marihuana and had seen on
Belton was subsequently indicted for criminal possession of a controlled substance. In the trial court he moved that the cocaine the trooper had seized from the jacket pocket be suppressed. The court denied the motion. Belton then pleaded guilty to a lesser included offense, but preserved his claim that the cocaine had been seized in violation of the Fourth and Fourteenth Amendments. See Lefkowitz v. Newsome, 420 U. S. 283. The Appellate Division of the New York Supreme Court upheld the constitutionality of the search and seizure, reasoning that “[o]nce defendant was validly arrested for possession of marihuana, the officer was justified in searching the immediate area for other contraband.” 68 App. Div. 2d 198, 201, 416 N. Y. S. 2d 922, 926.
The New York Court of Appeals reversed, holding that “[a] warrantless search of the zippered pockets of an unacces-sible jacket may not be upheld as a search incident to a lawful arrest where there is no longer any danger that the arrestee or a confederate might gain access to the article.” 60 N. Y. 2d 447, 449, 407 N. E. 2d 420, 421. Two judges dis
II
It is a first principle of Fourth Amendment jurisprudence that the police may not conduct a search unless they first convince a neutral magistrate that there is probable cause to do so. This Court has recognized, however, that “the exigencies of the situation” may sometimes make exemption from the warrant requirement “imperative.” McDonald v. United States, 335 U. S. 451, 456. Specifically, the Court held in Chimel v. California, 395 U. S. 752, that a lawful custodial arrest creates a situation which justifies the contemporaneous search without a warrant of the person arrested and of the immediately surrounding area. Such searches have long been considered valid because of the need “to remove any weapons that [the arrestee] might seek to use in order to resist arrest or effect his escape” and the need to prevent the concealment or destruction of evidence. Id., at 763.
The Court’s opinion in Chimel emphasized the principle that, as the Court had said in Terry v. Ohio, 392 U. S. 1, 19, “[t]he scope of [a] search must be 'strictly tied to and justified by’ the circumstances which rendered its initiation permissible.” Quoted in Chimel v. California, supra, at 762. Thus while the Court in Chimel found “ample justification” for a search of “the area from within which [an arrestee]
Although the principle that limits a search incident to a lawful custodial arrest may be stated clearly enough, courts have discovered the principle difficult to apply in specific cases. Yet, as one commentator has pointed out, the protection of the Fourth and Fourteenth Amendments “can only be realized if the police are acting under a set of rules which, in most instances, makes it possible to reach a correct determination beforehand as to whether an invasion of privacy is justified in the interest of law enforcement.” LaFave, “Case-By-Case Adjudication” versus “Standardized Procedures”: The Robinson Dilemma, 1974 S. Ct. Rev. 127, 142. This is because
“Fourth Amendment doctrine, given force and effect by the exclusionary rule, is primarily intended to regulate the police in their day-to-day activities and thus ought to be expressed in terms that are readily applicable by the police in the context of the law enforcement activities in which they are necessarily engaged. A highly sophisticated set of rules, qualified by all sorts of ifs, ands, and buts and requiring the drawing of subtle nuances and hairline distinctions, may be the sort of heady stuff upon which the facile minds of lawyers and judges eagerly feed, but they may be 'literally impossible of application by the officer in the field.’ ” Id., at 141.
In short, “[a] single familiar standard is essential to guide police officers, who have only limited time and expertise to reflect on and balance the social and individual interests involved in the specific circumstances they confront.” Dunaway v. New York, 442 U. S. 200, 213-214.
But no straightforward rule has emerged from the litigated cases respecting the question involved here — the question of the proper scope of a search of the interior of an automobile incident to a lawful custodial arrest of its occupants. The difficulty courts have had is reflected in the conflicting views of the New York judges who dealt with the problem in the present case, and is confirmed by a look at even a small sample drawn from the narrow class of cases in which courts have decided whether, in the course of a search incident to the lawful custodial arrest of the occupants of an automobile, police may search inside the automobile after the arrestees are no longer in it. On the one hand, decisions in cases such as United States v. Sanders, 631 F. 2d 1309 (CA8 1980); United States v. Dixon, 558 F. 2d 919 (CA9 1977); and United States v. Frick, 490 F. 2d 666 (CA5 1973), have upheld such warrantless searches as incident to lawful arrests. On the other hand, in cases such as United States v. Benson, 631 F. 2d 1336 (CA8 1980), and United States v. Rigales, 630 F. 2d 364 (CA5 1980), such searches, in comparable factual circumstances, have been held constitutionally invalid.1
When a person cannot know how a court will apply a
It follows from this conclusion that the police may also examine the contents of any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach.4 United States v. Robinson, supra; Draper
It is true, of course, that these containers will sometimes be such that they could hold neither a weapon nor evidence of the criminal conduct for which the suspect was arrested. However, in United States v. Robinson, the Court rejected the argument that such a container — there a “crumpled up' cigarette package” — located during a search of Robinson incident to his arrest could not be searched: “The authority to search the person incident to a lawful custodial arrest, while based upon the need to disarm and to discover evidence, does not depend on what a court may later decide was the probability in a particular arrest situation that weapons or evidence would in fact be found upon the person of the suspect. A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification.” 414 U. S., at 235.
The New York Court of Appeals relied upon United States v. Chadwick, 433 U. S. 1, and Arkansas v. Sanders, 442 U. S. 753, in concluding that the search and seizure in the present case were constitutionally invalid.5 But neither of those
Ill
It is not questioned that the respondent was the subject of a lawful custodial arrest on a charge of possessing marihuana. The search of the respondent’s jacket followed immediately upon that arrest. The jacket was located inside the passenger compartment of the car in which the respondent had been a passenger just before he was arrested. The jacket was. thus within the area which we have concluded was “within the arrestee’s immediate control” within the meaning of the Chimel case.6 The search of the jacket, therefore, was a
It is so ordered.
The state-court cases are in similar disarray. Compare, e. g., Hinkel v. Anchorage, 618 P. 2d 1069 (Alaska 1980), with Ulesky v. State, 379 So. 2d 121 (Fla. App. 1979).
The validity of the custodial arrest of Belton has not been questioned in this case. Cf. Gustafson v. Florida 414 U. S. 260, 266 (concurring opinion).
Our holding today does no more than determine the meaning of Chimel’s principles in this particular and problematic context. It in no way alters the fundamental principles established in the Chimel case regarding the basic scope of searches incident to lawful custodial arrests.
“Container” here denotes any object capable of holding another object. It thus includes closed or open glove compartments, consoles, or other receptacles located anywhere within the passenger compartment, as well as
It seems to have been the theory of the Court of Appeals that the search and seizure in the present case could not have been incident to the
Because of this disposition of the case, there is no need here to consider whether the search and seizure were permissible under the so-called