Marcus Thornton v. United States (541 U.S. 615)

U.S. Supreme Court · decided May 24, 2004 · Supreme Court Database (Spaeth)

Citation
541 U.S. 615 · 124 S. Ct. 2127
Decided
May 24, 2004
Term
October Term 2003
Vote
7–2
Majority author
Justice Rehnquist
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Chief Justice Rehnquist delivered the opinion of the Court except as to footnote 4. In New York v. Belton, 453 U. S. 454 (1981), we held that when a police officer has made a lawful custodial arrest of an occupant of an automobile, the Fourth Amendment allows the officer to search the passenger compartment of that vehicle as a contemporaneous incident of arrest. We have granted certiorari twice before to determine whether Bel-ton’s rule is limited to situations where the officer makes contact with the occupant while the occupant is inside the vehicle, or whether it applies as well when the officer first makes contact with the arrestee after the latter has stepped out of his vehicle. We did not reach the merits in either of those two cases. Arizona v. Gant, 540 U. S. 963 (2003) (vacating and remanding for reconsideration in light of State v. Dean, 206 Ariz. 158, 76 P. 3d 429 (2003) (en bane)); Florida v. Thomas, 532 U. S. 774 (2001) (dismissing for lack of jurisdiction). We now reach that question and conclude that Bel-ton governs even when an officer does not make contact until the person arrested has left the vehicle. Officer Deion Nichols of the Norfolk, Virginia, Police Department, who was in uniform but driving an unmarked police car, first noticed petitioner Marcus Thornton when petitioner slowed down so as to avoid driving next to him. Nichols suspected that petitioner…

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