Arrests of Automobile Occupants

Question 1

New York v. Belton

Answer 1

(overruled AZ v. Gant)
When a policeman had made a lawful custodial arrest, search of the passenger compartment is ok.

Police may also examine the contents of any containers found within reach of the arestee, so also will containes in it be within his reach.

Question 2

AZ v. Gant

Answer 2

Passenger compartment, not just glove box. reasonable to believe the vehicle contains evidence of the offense of an arrest. Here, cocaine in jacket in backseat but arrested for driving on a suspended.

Question 3

Thornton v. United States (S. Ct. extended Belton)

Answer 3

warrantless Belton Seach of car resulting in handgun discovery.

A police officer may conduct a search incident to arrest of a suspect’s car even if the suspect was already outside the car when the officer made contact.

Question 4

Wren v. United States

Answer 4

pretextual stops are ok. Exception? Racial profiling.