OPINION OF THE COURT
ARIZONA V. GANT
556 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-542
ARIZONA, PETITIONER
v. RODNEY JOSEPH
GANT
on writ of certiorari to the supreme court of
arizona
[April 21, 2009]
Justice Stevens delivered the
opinion of the Court.
After Rodney Gant was arrested
for driving with a suspended license, handcuffed, and locked in the
back of a patrol car, police officers searched his car and
discovered cocaine in the pocket of a jacket on the backseat.
Because Gant could not have accessed his car to retrieve weapons or
evidence at the time of the search, the Arizona Supreme Court held
that the search-incident-to-arrest exception to the Fourth
Amendment’s warrant requirement, as defined in
Chimel v.
California,
395 U. S. 752 (1969),
and applied to vehicle searches in
New York v.
Belton,
453
U. S. 454 (1981), did not justify the search in this case. We
agree with that conclusion.
Under
Chimel, police may search
incident to arrest only the space within an arrestee’s
“ ‘immediate control,’ ” meaning “the area from within
which he might gain possession of a weapon or destructible
evidence.” 395 U. S., at 763. The safety and evidentiary
justifications underlying
Chimel’s reaching-distance rule
determine
Belton’s scope. Accordingly, we hold that
Belton does not authorize a vehicle search incident to a
recent occupant’s arrest after the arrestee has been secured and
cannot access the interior of the vehicle. Consistent with the
holding in
Thornton v.
United States,
541
U. S. 615 (2004), and following the suggestion in Justice
Scalia’s opinion concurring in the judgment in that case,
id., at 632, we also conclude that circumstances unique to
the automobile context justify a search incident to arrest when it
is reasonable to believe that evidence of the offense of arrest
might be found in the vehicle.
I
On August 25, 1999, acting on an
anonymous tip that the residence at 2524 North Walnut Avenue was
being used to sell drugs, Tucson police officers Griffith and Reed
knocked on the front door and asked to speak to the owner. Gant
answered the door and, after identifying himself, stated that he
expected the owner to return later. The officers left the residence
and conducted a records check, which revealed that Gant’s driver’s
license had been suspended and there was an outstanding warrant for
his arrest for driving with a suspended license.
When the officers returned to the
house that evening, they found a man near the back of the house and
a woman in a car parked in front of it. After a third officer
arrived, they arrested the man for providing a false name and the
woman for possessing drug paraphernalia. Both arrestees were
handcuffed and secured in separate patrol cars when Gant arrived.
The officers recognized his car as it entered the driveway, and
Officer Griffith confirmed that Gant was the driver by shining a
flashlight into the car as it drove by him. Gant parked at the end
of the driveway, got out of his car, and shut the door. Griffith,
who was about 30 feet away, called to Gant, and they approached
each other, meeting 10-to-12 feet from Gant’s car. Griffith
immediately arrested Gant and handcuffed him.
Because the other arrestees were secured in
the only patrol cars at the scene, Griffith called for backup. When
two more officers arrived, they locked Gant in the backseat of
their vehicle. After Gant had been handcuffed and placed in the
back of a patrol car, two officers searched his car: One of them
found a gun, and the other discovered a bag of cocaine in the
pocket of a jacket on the backseat.
Gant was charged with two offenses—possession
of a narcotic drug for sale and possession of drug paraphernalia
(
i.e., the plastic bag in which the cocaine was found). He
moved to suppress the evidence seized from his car on the ground
that the warrantless search violated the Fourth Amendment. Among
other things, Gant argued that
Belton did not authorize
the search of his vehicle because he posed no threat to the
officers after he was handcuffed in the patrol car and because he
was arrested for a traffic offense for which no evidence could be
found in his vehicle. When asked at the suppression hearing why the
search was conducted, Officer Griffith responded: “Because the law
says we can do it.” App. 75.
The trial court rejected the State’s
contention that the officers had probable cause to search Gant’s
car for contraband when the search began,
id., at 18, 30,
but it denied the motion to suppress. Relying on the fact that the
police saw Gant commit the crime of driving without a license and
apprehended him only shortly after he exited his car, the court
held that the search was permissible as a search incident to
arrest.
Id., at 37. A jury found Gant guilty on both drug
counts, and he was sentenced to a 3-year term of imprisonment.
After protracted state-court proceedings, the
Arizona Supreme Court concluded that the search of Gant’s car was
unreasonable within the meaning of the Fourth Amendment. The
court’s opinion discussed at length our decision in
Belton, which held that police may search the passenger
compartment of a vehicle and any containers therein as a
contemporaneous incident of an arrest of the vehicle’s recent
occupant. 216 Ariz. 1, 3–4, 162 P. 3d 640, 642–643 (2007)
(citing 453 U. S., at 460). The court distinguished
Belton
as a case concerning the permissible scope of a vehicle search
incident to arrest and concluded that it did not answer “the
threshold question whether the police may conduct a search incident
to arrest at all once the scene is secure.” 216 Ariz., at 4, 162
P. 3d, at 643. Relying on our earlier decision in
Chimel, the court observed that the
search-incident-to-arrest exception to the warrant requirement is
justified by interests in officer safety and evidence preservation.
216 Ariz., at 4, 162 P. 3d, at 643
. When “the
justifications underlying
Chimel no longer exist because
the scene is secure and the arrestee is handcuffed, secured in the
back of a patrol car, and under the supervision of an officer,” the
court concluded, a “warrantless search of the arrestee’s car cannot
be justified as necessary to protect the officers at the scene or
prevent the destruction of evidence.”
Id., at 5, 162
P. 3d, at 644. Accordingly, the court held that the search of
Gant’s car was unreasonable.
The dissenting justices would have upheld the
search of Gant’s car based on their view that “the validity of a
Belton search … clearly does not depend on the presence of
the
Chimel rationales in a particular case.”
Id.,
at 8, 162 P. 3d, at 647. Although they disagreed with the
majority’s view of
Belton, the dissenting justices
acknowledged that “[t]he bright-line rule embraced in
Belton has long been criticized and probably merits
reconsideration.” 216 Ariz., at 10, 162 P. 3d, at 649. They
thus “add[ed their] voice[s] to the others that have urged the
Supreme Court to revisit
Belton.”
Id., at 11, 163
P. 3d, at 650.
The chorus that has called for us to revisit
Belton includes courts, scholars, and Members of this
Court who have questioned that decision’s clarity and its fidelity
to Fourth Amendment principles. We therefore granted the State’s
petition for certiorari. 552 U. S. ___ (2008).
II
Consistent with our precedent,
our analysis begins, as it should in every case addressing the
reasonableness of a warrantless search, with the basic rule that
“searches conducted outside the judicial process, without prior
approval by judge or magistrate, are
per se unreasonable
under the Fourth Amendment—subject only to a few specifically
established and well-delineated exceptions.”
Katz v.
United States,
389 U. S. 347, 357
(1967) (footnote omitted). Among the exceptions to the warrant
requirement is a search incident to a lawful arrest. See
Weeks v.
United States,
232 U. S. 383, 392 (1914). The
exception derives from interests in officer safety and evidence
preservation that are typically implicated in arrest situations.
See
United States v.
Robinson,
414 U. S. 218, 230–234
(1973);
Chimel, 395 U. S., at 763.
In
Chimel, we held that
a search incident to arrest may only include “the arrestee’s person
and the area ‘within his immediate control’—construing that phrase
to mean the area from within which he might gain possession of a
weapon or destructible evidence.”
Ibid. That limitation,
which continues to define the boundaries of the exception, ensures
that the scope of a search incident to arrest is commensurate with
its purposes of protecting arresting officers and safeguarding any
evidence of the offense of arrest that an arrestee might conceal or
destroy. See
ibid. (noting that searches incident to
arrest are reasonable “
in order to remove any weapons [the
arrestee] might seek to use” and “
in order to prevent
[the] concealment or destruction” of evidence (emphasis added)). If
there is no possibility that an arrestee could reach into the area
that law enforcement officers seek to search, both justifications
for the search-incident-to-arrest exception are absent and the rule
does not apply.
E.g.,
Preston v.
United
States,
376 U.
S. 364, 367–368 (1964).
In
Belton, we considered
Chimel’s application to the automobile context. A lone
police officer in that case stopped a speeding car in which Belton
was one of four occupants. While asking for the driver’s license
and registration, the officer smelled burnt marijuana and observed
an envelope on the car floor marked “Supergold”—a name he
associated with marijuana. Thus having probable cause to believe
the occupants had committed a drug offense, the officer ordered
them out of the vehicle, placed them under arrest, and patted them
down. Without handcuffing the arrestees,[
Footnote 1] the officer “ ‘split them up into four
separate areas of the Thruway … so they would not be in physical
touching area of each other’ ” and searched the vehicle,
including the pocket of a jacket on the backseat, in which he found
cocaine. 453 U. S., at 456.
The New York Court of Appeals found the search
unconstitutional, concluding that after the occupants were arrested
the vehicle and its contents were “safely within the exclusive
custody and control of the police.”
State v.
Belton, 50 N. Y. 2d 447, 452, 407 N. E. 2d 420,
423 (1980). The State asked this Court to consider whether the
exception recognized in
Chimel permits an officer to
search “a jacket found inside an automobile while the automobile’s
four occupants, all under arrest, are standing unsecured around the
vehicle.” Brief in No. 80–328, p.
i. We granted
certiorari because “courts ha[d] found no workable definition of
‘the area within the immediate control of the arrestee’ when that
area arguably includes the interior of an automobile.” 453 U. S.,
at 460.
In its brief, the State argued that the Court
of Appeals erred in concluding that the jacket was under the
officer’s exclusive control. Focusing on the number of arrestees
and their proximity to the vehicle, the State asserted that it was
reasonable for the officer to believe the arrestees could have
accessed the vehicle and its contents, making the search
permissible under
Chimel. Brief in No. 80–328,
at 7–8. The United States, as
amicus curiae in
support of the State, argued for a more permissive standard, but it
maintained that any search incident to arrest must be
“ ‘substantially contemporaneous’ ” with the arrest—a
requirement it deemed “satisfied if the search occurs during the
period in which the arrest is being consummated and before the
situation has so stabilized that it could be said that the arrest
was completed.” Brief for United States as
Amicus Curiae
in
New York v.
Belton, O. T. 1980, No.
80–328, p. 14. There was no suggestion by the parties or
amici that
Chimel authorizes a vehicle search
incident to arrest when there is no realistic possibility that an
arrestee could access his vehicle.
After considering these arguments, we held
that when an officer lawfully arrests “the occupant of an
automobile, he may, as a contemporaneous incident of that arrest,
search the passenger compartment of the automobile” and any
containers therein.
Belton, 453 U. S., at 460 (footnote
omitted)
. That holding was based in large part on our
assumption “that articles inside the relatively narrow compass of
the passenger compartment of an automobile are in fact generally,
even if not inevitably, within ‘the area into which an arrestee
might reach.’ ”
Ibid.
The Arizona Supreme Court read our decision in
Belton as merely delineating “the proper scope of a search
of the interior of an automobile” incident to an arrest,
id., at 459. That is,
when the passenger
compartment is within an arrestee’s reaching distance,
Belton supplies the generalization that the entire
compartment and any containers therein may be reached. On that view
of
Belton, the state court concluded that the search of
Gant’s car was unreasonable because Gant clearly could not have
accessed his car at the time of the search. It also found that no
other exception to the warrant requirement applied in this
case.
Gant now urges us to adopt the reading of
Belton followed by the Arizona Supreme Court.
III
Despite the textual and
evidentiary support for the Arizona Supreme Court’s reading of
Belton, our opinion has been widely understood to allow a
vehicle search incident to the arrest of a recent occupant even if
there is no possibility the arrestee could gain access to the
vehicle at the time of the search. This reading may be attributable
to Justice Brennan’s dissent in
Belton, in which he
characterized the Court’s holding as resting on the “fiction … that
the interior of a car is
always within the immediate
control of an arrestee who has recently been in the car.” 453 U.
S., at 466. Under the majority’s approach, he argued, “the result
would presumably be the same even if [the officer] had handcuffed
Belton and his companions in the patrol car” before conducting the
search.
Id., at 468.
Since we decided
Belton,
Courts of Appeals have given different answers to the question
whether a vehicle must be within an arrestee’s reach to justify a
vehicle search incident to arrest,[
Footnote 2] but Justice Brennan’s reading of the Court’s
opinion has predominated. As Justice O’Connor observed, “lower
court decisions seem now to treat the ability to search a vehicle
incident to the arrest of a recent occupant as a police entitlement
rather than as an exception justified by the twin rationales of
Chimel.”
Thornton, 541 U. S., at 624 (opinion
concurring in part). Justice Scalia has similarly noted that,
although it is improbable that an arrestee could gain access to
weapons stored in his vehicle after he has been handcuffed and
secured in the backseat of a patrol car, cases allowing a search in
“this precise factual scenario … are legion.”
Id., at 628
(opinion concurring in judgment) (collecting cases).[
Footnote 3] Indeed, some courts have upheld
searches under
Belton “even when … the handcuffed arrestee
has already left the scene.” 541 U. S., at 628 (same).
Under this broad reading of
Belton, a
vehicle search would be authorized incident to every arrest of a
recent occupant notwithstanding that in most cases the vehicle’s
passenger compartment will not be within the arrestee’s reach at
the time of the search. To read
Belton as authorizing a
vehicle search incident to every recent occupant’s arrest would
thus untether the rule from the justifications underlying the
Chimel exception—a result clearly incompatible with our
statement in
Belton that it “in no way alters the
fundamental principles established in the
Chimel case
regarding the basic scope of searches incident to lawful custodial
arrests.” 453 U. S., at 460, n. 3. Accordingly, we reject this
reading of
Belton and hold that the
Chimel
rationale authorizes police to search a vehicle incident to a
recent occupant’s arrest only when the arrestee is unsecured and
within reaching distance of the passenger compartment at the time
of the search.[
Footnote 4]
Although it does not follow from
Chimel, we also conclude that circumstances unique to the
vehicle context justify a search incident to a lawful arrest when
it is “reasonable to believe evidence relevant to the crime of
arrest might be found in the vehicle.”
Thornton, 541 U.
S., at 632 (Scalia, J., concurring in judgment). In many cases, as
when a recent occupant is arrested for a traffic violation, there
will be no reasonable basis to believe the vehicle contains
relevant evidence. See,
e.g.,
Atwater v.
Lago
Vista,
532 U.
S. 318, 324 (2001);
Knowles v.
Iowa,
525 U. S. 113, 118
(1998). But in others, including
Belton and
Thornton, the offense of arrest will supply a basis for
searching the passenger compartment of an arrestee’s vehicle and
any containers therein.
Neither the possibility of access nor the
likelihood of discovering offense-related evidence authorized the
search in this case. Unlike in
Belton, which involved a
single officer confronted with four unsecured arrestees, the five
officers in this case outnumbered the three arrestees, all of whom
had been handcuffed and secured in separate patrol cars before the
officers searched Gant’s car. Under those circumstances, Gant
clearly was not within reaching distance of his car at the time of
the search. An evidentiary basis for the search was also lacking in
this case. Whereas Belton and Thornton were arrested for drug
offenses, Gant was arrested for driving with a suspended license—an
offense for which police could not expect to find evidence in the
passenger compartment of Gant’s car. Cf.
Knowles, 525 U.
S., at 118. Because police could not reasonably have believed
either that Gant could have accessed his car at the time of the
search or that evidence of the offense for which he was arrested
might have been found therein, the search in this case was
unreasonable.
IV
The State does not seriously
disagree with the Arizona Supreme Court’s conclusion that Gant
could not have accessed his vehicle at the time of the search, but
it nevertheless asks us to uphold the search of his vehicle under
the broad reading of
Belton discussed above. The State
argues that
Belton searches are reasonable regardless of
the possibility of access in a given case because that expansive
rule correctly balances law enforcement interests, including the
interest in a bright-line rule, with an arrestee’s limited privacy
interest in his vehicle.
For several reasons, we reject
the State’s argument. First, the State seriously undervalues the
privacy interests at stake. Although we have recognized that a
motorist’s privacy interest in his vehicle is less substantial than
in his home, see
New York v.
Class,
475 U. S. 106, 112–113
(1986), the former interest is nevertheless important and deserving
of constitutional protection, see
Knowles, 525 U. S., at
117. It is particularly significant that
Belton searches
authorize police officers to search not just the passenger
compartment but every purse, briefcase, or other container within
that space. A rule that gives police the power to conduct such a
search whenever an individual is caught committing a traffic
offense, when there is no basis for believing evidence of the
offense might be found in the vehicle, creates a serious and
recurring threat to the privacy of countless individuals. Indeed,
the character of that threat implicates the central concern
underlying the Fourth Amendment—the concern about giving police
officers unbridled discretion to rummage at will among a person’s
private effects.[
Footnote
5]
At the same time as it undervalues these
privacy concerns, the State exaggerates the clarity that its
reading of
Belton provides. Courts that have read
Belton expansively are at odds regarding how close in time
to the arrest and how proximate to the arrestee’s vehicle an
officer’s first contact with the arrestee must be to bring the
encounter within
Belton’s purview[
Footnote 6] and whether a search is reasonable when it
commences or continues after the arrestee has been removed from the
scene.[
Footnote 7] The rule has
thus generated a great deal of uncertainty, particularly for a rule
touted as providing a “bright line.” See 3 LaFave, §7.1(c), at
514–524.
Contrary to the State’s suggestion, a broad
reading of
Belton is also unnecessary to protect law
enforcement safety and evidentiary interests. Under our view,
Belton and
Thornton permit an officer to conduct
a vehicle search when an arrestee is within reaching distance of
the vehicle or it is reasonable to believe the vehicle contains
evidence of the offense of arrest. Other established exceptions to
the warrant requirement authorize a vehicle search under additional
circumstances when safety or evidentiary concerns demand. For
instance,
Michigan v.
Long,
463 U. S. 1032 (1983),
permits an officer to search a vehicle’s passenger compartment when
he has reasonable suspicion that an individual, whether or not the
arrestee, is “dangerous” and might access the vehicle to “gain
immediate control of weapons.”
Id., at 1049 (citing
Terry v.
Ohio,
392 U. S. 1, 21 (1968)).
If there is probable cause to believe a vehicle contains evidence
of criminal activity,
United States v.
Ross,
456 U. S. 798,
820–821 (1982), authorizes a search of any area of the vehicle in
which the evidence might be found. Unlike the searches permitted by
Justice Scalia’s opinion concurring in the judgment in
Thornton, which we conclude today are reasonable for
purposes of the Fourth Amendment,
Ross allows searches for
evidence relevant to offenses other than the offense of arrest, and
the scope of the search authorized is broader. Finally, there may
be still other circumstances in which safety or evidentiary
interests would justify a search. Cf.
Maryland v.
Buie,
494
U. S. 325, 334 (1990) (holding that, incident to arrest, an
officer may conduct a limited protective sweep of those areas of a
house in which he reasonably suspects a dangerous person may be
hiding).
These exceptions together ensure that officers
may search a vehicle when genuine safety or evidentiary concerns
encountered during the arrest of a vehicle’s recent occupant
justify a search. Construing
Belton broadly to allow
vehicle searches incident to any arrest would serve no purpose
except to provide a police entitlement, and it is anathema to the
Fourth Amendment to permit a warrantless search on that basis. For
these reasons, we are unpersuaded by the State’s arguments that a
broad reading of
Belton would meaningfully further law
enforcement interests and justify a substantial intrusion on
individuals’ privacy.[
Footnote
8]
V
Our dissenting colleagues argue
that the doctrine of
stare decisis requires adherence to a
broad reading of
Belton even though the justifications for
searching a vehicle incident to arrest are in most cases
absent.[
Footnote 9] The
doctrine of
stare decisis is of course “essential to the
respect accorded to the judgments of the Court and to the stability
of the law,” but it does not compel us to follow a past decision
when its rationale no longer withstands “careful analysis.”
Lawrence v.
Texas,
539 U. S. 558, 577
(2003).
We have never relied on
stare
decisis to justify the continuance of an unconstitutional
police practice. And we would be particularly loath to uphold an
unconstitutional result in a case that is so easily distinguished
from the decisions that arguably compel it. The safety and
evidentiary interests that supported the search in
Belton
simply are not present in this case. Indeed, it is hard to imagine
two cases that are factually more distinct, as
Belton
involved one officer confronted by four unsecured arrestees
suspected of committing a drug offense and this case involves
several officers confronted with a securely detained arrestee
apprehended for driving with a suspended license. This case is also
distinguishable from
Thornton, in which the petitioner was
arrested for a drug offense. It is thus unsurprising that Members
of this Court who concurred in the judgments in
Belton and
Thornton also concur in the decision in this
case.[
Footnote 10]
We do not agree with the contention in Justice
Alito’s dissent (hereinafter dissent) that consideration of police
reliance interests requires a different result. Although it appears
that the State’s reading of
Belton has been widely taught
in police academies and that law enforcement officers have relied
on the rule in conducting vehicle searches during the past 28
years,[
Footnote 11] many of
these searches were not justified by the reasons underlying the
Chimel exception. Countless individuals guilty of nothing
more serious than a traffic violation have had their constitutional
right to the security of their private effects violated as a
result. The fact that the law enforcement community may view the
State’s version of the
Belton rule as an entitlement does
not establish the sort of reliance interest that could outweigh the
countervailing interest that all individuals share in having their
constitutional rights fully protected. If it is clear that a
practice is unlawful, individuals’ interest in its discontinuance
clearly outweighs any law enforcement “entitlement” to its
persistence. Cf.
Mincey v.
Arizona,
437 U. S. 385, 393
(1978) (“[T]he mere fact that law enforcement may be made more
efficient can never by itself justify disregard of the Fourth
Amendment”). The dissent’s reference in this regard to the reliance
interests cited in
Dickerson v.
United States,
530 U. S. 428
(2000), is misplaced. See
post, at 5. In observing that
“
Miranda has become embedded in routine police practice to
the point where the warnings have become part of our national
culture,” 530 U. S., at 443, the Court was referring not to police
reliance on a rule requiring them to provide warnings but to the
broader societal reliance on that individual right.
The dissent also ignores the checkered history
of the search-incident-to-arrest exception. Police authority to
search the place in which a lawful arrest is made was broadly
asserted in
Marron v.
United States,
275 U. S. 192 (1927),
and limited a few years later in
Go-Bart Importing Co. v.
United States,
282 U. S. 344 (1931),
and
United States v.
Lefkowitz,
285 U. S. 452 (1932).
The limiting views expressed in
Go-Bart and
Lefokwitz were in turn abandoned in
Harris v.
United States,
331 U. S. 145 (1947),
which upheld a search of a four-room apartment incident to the
occupant’s arrest. Only a year later the Court in
Trupiano
v.
United States,
334 U. S. 699, 708
(1948), retreated from that holding, noting that the
search-incident-to-arrest exception is “a strictly limited” one
that must be justified by “something more in the way of necessity
than merely a lawful arrest.” And just two years after that, in
United States v.
Rabinowitz,
339 U. S. 56 (1950), the
Court again reversed course and upheld the search of an entire
apartment. Finally, our opinion in
Chimel overruled
Rabinowitz and what remained of
Harris and
established the present boundaries of the search-incident-to-arrest
exception. Notably, none of the dissenters in
Chimel or
the cases that preceded it argued that law enforcement reliance
interests outweighed the interest in protecting individual
constitutional rights so as to warrant fidelity to an unjustifiable
rule.
The experience of the 28 years since we
decided
Belton has shown that the generalization
underpinning the broad reading of that decision is unfounded. We
now know that articles inside the passenger compartment are rarely
“within ‘the area into which an arrestee might reach,’ ” 453
U. S., at 460, and blind adherence to
Belton’s faulty
assumption would authorize myriad unconstitutional searches. The
doctrine of
stare decisis does not require us to approve
routine constitutional violations.
VI
Police may search a vehicle
incident to a recent occupant’s arrest only if the arrestee is
within reaching distance of the passenger compartment at the time
of the search or it is reasonable to believe the vehicle contains
evidence of the offense of arrest. When these justifications are
absent, a search of an arrestee’s vehicle will be unreasonable
unless police obtain a warrant or show that another exception to
the warrant requirement applies. The Arizona Supreme Court
correctly held that this case involved an unreasonable search.
Accordingly, the judgment of the State Supreme Court is
affirmed.
It is so ordered.
Footnote 1
The officer was unable to handcuff the
occupants because he had only one set of handcuffs. See Brief for
Petitioner in
New York v.
Belton, O. T. 1980, No.
80–328, p. 3 (hereinafter Brief in No. 80–328).
Footnote 2
Compare
United States v.
Green, 324 F. 3d 375, 379 (CA5 2003) (holding that
Belton did not authorize a search of an arrestee’s vehicle
when he was handcuffed and lying facedown on the ground surrounded
by four police officers 6-to-10 feet from the vehicle),
United
States v.
Edwards, 242 F. 3d 928, 938 (CA10
2001) (finding unauthorized a vehicle search conducted while the
arrestee was handcuffed in the back of a patrol car),
United
States v.
Vasey, 834 F. 2d 782, 787 (CA9 1987)
(finding unauthorized a vehicle search conducted 30-to-45 minutes
after an arrest and after the arrestee had been handcuffed and
secured in the back of a police car), with
United States
v.
Hrasky, 453 F. 3d 1099, 1102 (CA8 2006) (upholding
a search conducted an hour after the arrestee was apprehended and
after he had been handcuffed and placed in the back of a patrol
car);
United States v.
Weaver, 433 F. 3d
1104, 1106 (CA9 2006) (upholding a search conducted 10-to-15
minutes after an arrest and after the arrestee had been handcuffed
and secured in the back of a patrol car), and
United
States v.
White, 871 F. 2d 41, 44 (CA6 1989)
(upholding a search conducted after the arrestee had been
handcuffed and secured in the back of a police cruiser).
Footnote 3
The practice of searching vehicles incident
to arrest after the arrestee has been handcuffed and secured in a
patrol car has not abated since we decided
Thornton. See,
e.g.,
United States v.
Murphy, 221 Fed.
Appx. 715, 717 (CA10 2007);
Hrasky, 453 F. 3d, at
1100;
Weaver, 433 F. 3d, at 1105;
United
States v.
Williams, 170 Fed. Appx. 399, 401 (CA6
2006);
United States v.
Dorsey, 418 F. 3d
1038, 1041 (CA9 2005);
United States v.
Osife,
398 F. 3d 1143, 1144 (CA9 2005);
United States v.
Sumrall, 115 Fed. Appx. 22, 24 (CA10 2004).
Footnote 4
Because officers have many means of ensuring
the safe arrest of vehicle occupants, it will be the rare case in
which an officer is unable to fully effectuate an arrest so that a
real possibility of access to the arrestee’s vehicle remains. Cf. 3
W. LaFave, Search and Seizure §7.1(c), p. 525 (4th ed. 2004)
(hereinafter LaFave) (noting that the availability of protective
measures “ensur[es] the nonexistence of circumstances in which the
arrestee’s ‘control’ of the car is in doubt”). But in such a case a
search incident to arrest is reasonable under the Fourth
Amendment.
Footnote 5
See
Maryland v.
Garrison,
480 U. S. 79, 84
(1987);
Chimel, 395 U. S., at 760–761;
Stanford
v.
Texas,
379 U. S. 476, 480–484
(1965);
Weeks v.
United States,
232 U. S. 383, 389–392 (1914);
Boyd v.
United States,
116 U. S. 616, 624–625
(1886); see also 10 C. Adams, The Works of John Adams 247–248
(1856). Many have observed that a broad reading of
Belton
gives police limitless discretion to conduct exploratory searches.
See 3 LaFave §7.1(c), at 527 (observing that
Belton
creates the risk “that police will make custodial arrests which
they otherwise would not make as a cover for a search which the
Fourth Amendment otherwise prohibits”); see also
United
States v.
McLaughlin, 170 F. 3d 889, 894 (CA9
1999) (Trott, J., concurring) (observing that
Belton has
been applied to condone “purely exploratory searches of vehicles
during which officers with no definite objective or reason for the
search are allowed to rummage around in a car to see what they
might find”);
State v.
Pallone, 2001 WI 77,
¶¶87–90, 236 Wis. 2d 162, 203–204, and n. 9, 613
N. W. 2d 568, 588, and n. 9 (2000) (Abrahamson,
C. J., dissenting) (same);
State v.
Pierce,
136 N. J. 184, 211, 642 A. 2d 947, 961 (1994) (same).
Footnote 6
Compare
United States v.
Caseres, 533 F. 3d 1064, 1072 (CA9 2008) (declining to
apply
Belton when the arrestee was approached by police
after he had exited his vehicle and reached his residence), with
Rainey v.
Commonwealth, 197 S. W. 3d 89, 94–95
(Ky. 2006) (applying
Belton when the arrestee was
apprehended 50 feet from the vehicle), and
Black v.
State, 810 N. E. 2d 713, 716 (Ind. 2004) (applying
Belton when the arrestee was apprehended inside an auto
repair shop and the vehicle was parked outside).
Footnote 7
Compare
McLaughlin, 170 F. 3d,
at 890–891 (upholding a search that commenced five minutes after
the arrestee was removed from the scene),
United States v.
Snook, 88 F. 3d 605, 608 (CA8 1996) (same), and
United States v.
Doward, 41 F. 3d 789, 793
(CA1 1994) (upholding a search that continued after the arrestee
was removed from the scene), with
United States v.
Lugo, 978 F. 2d 631, 634 (CA10 1992) (holding invalid
a search that commenced after the arrestee was removed from the
scene), and
State v.
Badgett, 200 Conn. 412,
427–428, 512 A. 2d 160, 169 (1986) (holding invalid a search
that continued after the arrestee was removed from the scene).
Footnote 8
At least eight States have reached the same
conclusion. Vermont, New Jersey, New Mexico, Nevada, Pennsylvania,
New York, Oregon, and Wyoming have declined to follow a broad
reading of
Belton under their state constitutions. See
State v.
Bauder, 181 Vt. 392, 401, 924 A. 2d
38, 46–47 (2007);
State v.
Eckel, 185 N. J.
523, 540, 888 A. 2d 1266, 1277 (2006);
Camacho v.
State, 119 Nev. 395, 399–400, 75 P. 3d 370, 373–374
(2003);
Vasquez v.
State, 990 P. 2d 476,
488–489 (Wyo. 1999);
State v.
Arredondo,
1997–NMCA–081, 123 N. M. 628, 636 (Ct. App.), overruled on
other grounds by
State v.
Steinzig,
1999–NMCA–107, 127 N. M. 752 (Ct. App.);
Commonwealth
v.
White, 543 Pa. 45, 57, 669 A. 2d 896, 902 (1995);
People v.
Blasich, 73 N. Y. 2d 673, 678, 541
N. E. 2d 40, 43 (1989);
State v.
Fesler, 68
Ore. App. 609, 612, 685 P. 2d 1014, 1016–1017 (1984). And a
Massachusetts statute provides that a search incident to arrest may
be made only for the purposes of seizing weapons or evidence of the
offense of arrest. See
Commonwealth v.
Toole, 389
Mass. 159, 161–162, 448 N. E. 2d 1264, 1266–1267 (1983)
(citing Mass. Gen. Laws, ch. 276, §1 (West 2007)).
Footnote 9
Justice Alito’s dissenting opinion also
accuses us of “overrul[ing]”
Belton and
Thornton
v.
United States,
541
U. S. 615 (2004), “even though respondent Gant has not asked us
to do so.”
Post, at 1. Contrary to that claim, the narrow
reading of
Belton we adopt today is precisely the result
Gant has urged. That Justice Alito has chosen to describe this
decision as overruling our earlier cases does not change the fact
that the resulting rule of law is the one advocated by
respondent.
Footnote 10
Justice Stevens concurred in the judgment in
Belton, 453 U. S., at 463, for the reasons stated in his
dissenting opinion in
Robbins v.
California,
453 U. S. 420,
444 (1981), Justice Thomas joined the Court’s opinion in
Thornton,
541
U. S. 615, and Justice Scalia and Justice Ginsburg concurred in
the judgment in that case,
id., at 625.
Footnote 11
Because a broad reading of
Belton
has been widely accepted, the doctrine of qualified immunity will
shield officers from liability for searches conducted in reasonable
reliance on that understanding.
Comments
Be the first to comment
Leave a Comment