New York v. Belton 1981

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 462-465

Contenidos

• Smoking.
• Bright-Line Rules.
• Fourth Amendment Falls.
• Suggestions for further reading.

Page 462

Petitioner: State of New York

Respondent: Roger Belton

Petitioner's Claim: That a police officer did not violate the Fourth Amendment by searching Belton's jacket in a car without a search warrant.

Chief Lawyer for Petitioner: James R. Harvey

Chief Lawyer for Respondent: Paul J. Cambria, Jr.

Justices for the Court: Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, John Paul Stevens, Potter Stewart

Justices Dissenting: William J. Brennan, Jr., Thurgood Marshall, Byron R. White

Date of Decision: July 1, 1981

Decision: The Supreme Court approved the police officer's search.

Significance: With Belton, the Supreme Court said whenever the police arrest people in a car, they may search the passenger compartment without a warrant.

The Fourth Amendment of the U.S. Constitution protects privacy. Any searches and seizures undertaken by the government are required to be reasonable. In most cases, law enforcement officers must get a warrant to search a house or other private place for evidence of a crime. To get a

Page 463

warrant, officers must have probable cause, which means good reason to believe the place to be searched has evidence of a crime.

There are exceptions to the warrant requirement. When police officers see a person commit a felony or misdemeanor, they may arrest the person without a warrant. During the arrest, the police need to protect themselves from any weapons the criminal might have. Police also need to make sure the criminal does not destroy any evidence during the arrest. Because of these needs, police are allowed to search a person and his surroundings without a warrant when they arrest him. In New York v. Belton, the Supreme Court had to decide whether police could search inside a car after arresting the car's occupants.

Smoking

On April 9, 1978, New York State Trooper Douglas Nicot was driving an unmarked police car on the New York Thruway. An automobile passed Nicot going well over the speed limit. Nicot chased the car and ordered it's driver to pull off the road. There were four men in the car, including Roger Belton.

Nicot asked to see the driver's license and automobile registration. He learned that none of the four men owned the car or was related to its owner. During the stop, Nicot smelled burnt marijuana and saw an envelope marked "Supergold" on the floor of the car. In...