thornton argued march decided may officer nichols pull petitioner petitioner parked got car nichols parked accosted petitioner arrested finding drugs pocket incident arrest nichols searched petitioner car found handgun driver seat petitioner charged federal drug firearms violations denying motion suppress firearm fruit unconstitutional search district found inter alia automobile search valid new york belton held police officer makes lawful custodial arrest automobile occupant fourth amendment allows officer search vehicle passenger compartment contemporaneous incident arrest petitioner appealed conviction arguing belton limited situations officer initiated contact arrestee still car fourth circuit affirmed held belton governs even officer make contact person arrested left vehicle belton placed reliance fact officer ordered occupants vehicle initiated contact remained within simply basis conclude span area generally within arrestee immediate control determined whether arrestee exited vehicle officer direction whether officer initiated contact car relevant aspects arrest suspect next vehicle presents identical concerns regarding officer safety evidence destruction one inside petitioner proposed contact initiation rule officers decide may safer effective conceal presence suspect left car unable search passenger compartment event custodial arrest potentially compromising safety placing incriminating evidence risk concealment destruction fourth amendment require gamble belton allows police search car passenger compartment incident lawful arrest occupants recent occupants ibid arrestee status recent occupant may turn temporal spatial relationship car time arrest search certainly turn whether inside outside car officer first initiated contact although contraband passenger compartment likely accessible recent occupant need clear rule readily understood police depending differing estimates items within arrestee reach particular moment justifies sort generalization belton enunciated petitioner rule officer determine whether actually confronted signaled confrontation suspect car whether suspect exited car unaware reasons unrelated officer presence rule inherently subjective highly fact specific require precisely sort ad hoc determinations part officers field reviewing courts belton sought avoid pp affirmed rehnquist delivered opinion except kennedy thomas breyer joined opinion full joined filed opinion concurring part scalia filed opinion concurring judgment ginsburg joined stevens filed dissenting opinion souter joined marcus thornton petitioner writ certiorari appeals fourth circuit may chief justice rehnquist delivered opinion except new york belton held police officer made lawful custodial arrest occupant automobile fourth amendment allows officer search passenger compartment vehicle contemporaneous incident arrest granted certiorari twice determine whether belton rule limited situations officer makes contact occupant occupant inside vehicle whether applies well officer first makes contact arrestee latter stepped vehicle reach merits either two cases arizona gant vacating remanding reconsideration light state dean florida thomas dismissing lack jurisdiction reach question conclude belton governs even officer make contact person arrested left vehicle officer deion nichols norfolk virginia police department uniform driving unmarked police car first noticed petitioner marcus thornton petitioner slowed avoid driving next nichols suspected petitioner knew police officer reason want pull next suspicions aroused nichols pulled onto side street petitioner passed petitioner passed nichols ran check petitioner license tags revealed tags issued chevy lincoln town car model car petitioner driving nichols opportunity pull petitioner drove parking lot parked got vehicle nichols saw petitioner leave vehicle pulled behind parked patrol car accosted petitioner asked driver license also told license tags match vehicle driving petitioner appeared nervous began rambling licking lips sweating concerned safety nichols asked petitioner narcotics weapons vehicle petitioner said nichols asked petitioner pat petitioner agreed nichols felt bulge petitioner left front pocket asked illegal narcotics time petitioner stated reached pocket pulled two individual bags one containing three bags marijuana containing large amount crack cocaine nichols handcuffed petitioner informed arrest placed back seat patrol car searched petitioner vehicle found bryco handgun driver seat grand jury charged petitioner possession intent distribute cocaine base stat possession firearm previously convicted crime punishable term imprisonment exceeding one year possession firearm furtherance drug trafficking crime petitioner sought suppress inter alia firearm fruit unconstitutional search hearing district denied petitioner motion suppress holding automobile search valid new york belton supra alternatively nichols conducted inventory search automobile jury convicted petitioner three counts sentenced months imprisonment years supervised release petitioner appealed challenging district denial suppression motion argued belton limited situations officer initiated contact arrestee still occupant car appeals fourth circuit affirmed held historical rationales search incident arrest doctrine need disarm suspect order take custody need preserve evidence later use trial quoting knowles iowa require belton limited solely situations suspects still vehicles approached police noting petitioner conceded close proximity temporally spatially vehicle concluded car within petitioner immediate control thus nichols search reasonable granted certiorari affirm belton officer overtook speeding vehicle new york thruway ordered driver pull suspecting occupants possessed marijuana officer directed get car arrested unlawful possession searched searched passenger compartment car considered constitutionally permissible scope search circumstances sought lay workable rule governing situation first referred chimel california case arrestee arrested home described scope search incident lawful arrest person arrestee area immediately surrounding case dealing scope search arrestee person rejected suggestion must litigated case issue whether present one reasons supporting conduct search quoting robinson supra similarly courts ha found workable definition within immediate control arrestee area arguably include interior automobile arrestee wa recent occupant sought set forth clear rule police officers citizens alike therefore held policeman made lawful custodial arrest occupant automobile may contemporaneous incident arrest search passenger compartment automobile ibid footnotes omitted holding placed reliance fact officer belton ordered occupants vehicle initiated contact remained within find factor persuasive distinguishing current situation bears logical relationship belton rationale simply basis conclude span area generally within arrestee immediate control determined whether arrestee exited vehicle officer direction whether officer initiated contact remained car recognized much albeit dicta michigan long officers observed speeding car swerve ditch driver exited officers met rear car although indication officers initiated contact driver still vehicle observed clear officers arrested respondent searched passenger compartment new york belton relevant aspects arrest suspect next vehicle presents identical concerns regarding officer safety destruction evidence arrest one inside vehicle officer may search suspect vehicle belton suspect arrested see knowles supra custodial arrest fluid danger police officer flows fact arrest attendant proximity stress uncertainty robinson supra emphasis added see washington chrisman every arrest must presumed present risk danger arresting officer stress less merely arrestee exited car officer initiated contact arrestee less likely attempt lunge weapon destroy evidence outside still control vehicle either case officer faces highly volatile situation make little sense apply two different rules bottom situation circumstances may safer effective officers conceal presence suspect left vehicle certainly judgment officers free make strictures petitioner proposed contact initiation rule officers unable search car passenger compartment event custodial arrest potentially compromising safety placing incriminating evidence risk concealment destruction fourth amendment require gamble petitioner argues however belton fail provide rule applies vehicle occupants brief petitioner belton allows police search passenger compartment vehicle incident lawful custodial arrest occupants recent occupants indeed respondent belton inside car time arrest search standing highway event arrestee status recent occupant may turn temporal spatial relationship car time arrest certainly turn whether inside outside car moment officer first initiated contact sure contraband passenger compartment likely readily accessible recent occupant unlikely case petitioner reached driver seat gun outside automobile firearm passenger compartment general inaccessible contraband passenger compartment belton need clear rule readily understood police officers depending differing estimates items within reach arrestee particular moment justifies sort generalization belton officer determines probable cause make arrest reasonable allow officers ensure safety preserve evidence searching entire passenger compartment rather clarifying constitutional limits belton search petitioner contact initiation rule obfuscate petitioner proposed rule officer approaching suspect alighted vehicle determine whether actually confronted signaled confrontation suspect remained car whether suspect exited vehicle unaware reasons unrelated officer presence determination inherently subjective highly fact specific require precisely sort ad hoc determinations part officers field reviewing courts belton sought avoid experience shown rule impracticable refuse adopt long arrestee sort recent occupant vehicle petitioner officers may search vehicle incident judgment appeals affirmed ordered marcus thornton petitioner writ certiorari appeals fourth circuit may justice concurring part join opinion although opinion logical extension holding new york belton write separately express dissatisfaction state law area justice scalia forcefully argues post opinion concurring judgment lower decisions seem treat ability search vehicle incident arrest recent occupant police entitlement rather exception justified twin rationales chimel california erosion direct consequence belton shaky foundation approach justice scalia proposes appears built firmer ground reluctant adopt context case neither government petitioner chance speak merit marcus thornton petitioner writ certiorari appeals fourth circuit may justice scalia justice ginsburg joins concurring judgment chimel california held search incident arrest justified means find weapons arrestee might use evidence might conceal destroy accordingly limited searches area within suspect area arrestee might reach order grab weapon evidentiary ite new york belton set forth rule arrests automobile occupants holding vehicle entire passenger compartment fact generally even inevitably within arrestee immediate control search whole compartment justified every case petitioner car searched case neither anywhere near passenger compartment vehicle rather handcuffed secured back officer squad car risk nevertheless grab weapon evidentiary ite car remote extreme effort apply current doctrine search stretches beyond breaking point reason join opinion see three reasons search case might justified protect officer safety prevent concealment destruction evidence none ultimately persuades first despite handcuffed secured back squad car petitioner might escaped retrieved weapon evidence vehicle theory calls mind judge goldberg reference mythical arrestee possessed skill houdini strength hercules frick opinion concurring part dissenting part endeavoring ground seemingly speculative fear reality points total seven instances past years state federal officers attacked weapons handcuffed formerly handcuffed arrestees brief instances however justify search authority claimed three involved arrestees retrieved weapons concealed person see sanders two instances dept justice federal bureau investigation uniform crime reports law enforcement officers killed assaulted three involved arrestees seized weapon arresting officer see sanders supra two instances dept justice federal bureau investigation uniform crime reports law enforcement officers killed assaulted authority search arrestee person beyond question course search prevent seizure officer gun one seven instances involved handcuffed arrestee escaped squad car retrieve weapon somewhere else plakas drinski suspect jumped squad car ran forest house still handcuffs struck officer wrist fireplace poker ultimately shot dead course government need document specific instances order justify measures avoid obvious risks risk far obvious context frequently recurring roadside arrests government inability come even single example handcuffed arrestee retrieval arms evidence vehicle undermines claims risk suspect handcuffed back squad car might escape recover weapon vehicle surely greater risk suspect handcuffed residence might escape recover weapon next room danger held insufficient justify search chimel supra second defense search case since officer conducted search time arrest suspect still near car penalized taken sensible precaution securing suspect squad car first one appeals put make sense prescribe constitutional test entirely odds safe sensible police procedures mitchell quoting karlin see also wesley cadc weakness argument assumes one way another search must take place conducting chimel search government right exception justified necessity rule otherwise render search unlawful sensible police procedures require suspects handcuffed put squad cars police handcuff suspects put squad cars conduct search indeed officer leaves suspect unrestrained nearby manufacture authority search one argue search unreasonable precisely dangerous conditions justifying existed virtue officer failure follow sensible procedures third defense search even though arrestee posed risk belton searches general reasonable benefits rule justify upholding small minority searches particular facts reasonable validity argument rests accuracy belton claim passenger compartment fact generally even inevitably within suspect immediate control admission however practice restraining arrestee scene searching car occupied prevalent holding belton apply setting render belton dead letter brief quoting wesley supra reported cases involving precise factual scenario motorist handcuffed secured back squad car search takes place legion see doward white mitchell supra snook mclaughlin humphrey wesley supra see also lafave search seizure pp ed supp citing cases courts uphold searches even squad car carrying handcuffed arrestee already left scene see mclaughlin supra upholding search five minutes elapsed since squad car left popularity practice hard fathom belton entitles officer search vehicle upon arresting driver despite taken measures eliminate danger rational officer take measures cf moskovitz rule search reason empirical reexamination chimel belton rev citing police training materials ever true passenger compartment fact generally even inevitably within arrestee immediate control time search certainly true today one judge put search clarity abandoned constitutional moorings floated place law approves purely exploratory searches vehicles officers definite objective reason search allowed rummage around car see might find mclaughlin supra trott concurring agree entirely assessment ii belton searches justifiable arrestee might grab weapon evidentiary item car simply car might contain evidence relevant crime arrested general sort search without antecedent example rabinowitz upheld search suspect place business arrested restrict officers search authority area arrestee might reach order grab weapon evidentiary ite chimel marron agnello cf weeks numerous earlier authorities support approach referring general interest gathering evidence related crime arrest mention specific interest preventing concealment destruction see wilson cc sdny smith jerome misc thornton state ex parte hurn thatcher weeks wharton criminal procedure pp kerr ed bishop criminal procedure ed cf spalding preston seizure authority queen frost car king kinsey car king car king barnett car bishop articulation typical officer arrests man criminal charge consider nature charge finds prisoner person otherwise possession either goods moneys reason believe connected supposed crime fruits instruments committed directly furnishing evidence relating transaction may take hold disposed may direct bishop supra years leading chimel start consistently referring narrower interest frustrating concealment destruction evidence see sibron new york preston nothing irrational broader police authority search evidence perpetrator crime lawfully arrested fact prior lawful arrest distinguishes arrestee society large distinguishes search evidence crime general rummaging moreover illogical assume evidence crime likely found suspect apprehended nevertheless chimel narrower focus concealment destruction evidence also historical support see holker hennessey mo dillon cox ex div ire reifsnyder lee iowa welch essay office constable authorities supporting broader rule address searches arrestee person chimel limitation might fairly implicit moreover carried logical end broader rule hard reconcile influential case entick carrington tr disapproving search plaintiff private papers general warrant despite arrest cf dillon supra distinguishing entick warden md penitentiary hayden short rabinowitz chimel plausible accounts constitution requires neither persuasive justify departing settled law going continue allow belton searches stare decisis grounds least honest belton reasonably explained mere application chimel rather return broader sort search incident arrest allowed chimel limited course searches motor vehicles category effects give rise reduced expectation privacy see wyoming houghton heightened law enforcement needs see rabinowitz frankfurter dissenting recasting belton terms least one important practical consequence robinson held authority search arrestee person depend actual presence one chimel two rationales particular case rather fact arrest alone justifies search holding stands contrast rabinowitz treat fact arrest alone sufficient upheld search noting general exploratory whatever might turned reflected reasonable belief evidence found cf knowles iowa therefore limit belton searches cases reasonable believe evidence relevant crime arrest might found vehicle case belton petitioner lawfully arrested drug offense reasonable officer nichols believe contraband similar evidence relevant crime arrested might found vehicle alighted still within vicinity time arrest affirm decision marcus thornton petitioner writ certiorari appeals fourth circuit may justice stevens justice souter joins dissenting prior decision new york belton widespread conflict among federal state courts question whether course search incident lawful custodial arrest occupants automobile police may search inside automobile arrestees longer answering question expanded authority police two important respects allowed police conduct broader search decision chimel california authorized open closed containers might found vehicle passenger belton basic rationale expansions rested concern officer safety rather overriding desire hew straightforward rule easily applied predictably enforced dissenting opinion remain convinced aspect belton opinion unnecessary erroneous whether one agrees disagrees view however interest certainty supports belton rule surely justify expansion rule blurs clear lines neither rule chimel belton modification rule allowed search petitioner car fair reading belton opinion conflicting cases gave rise grant certiorari makes clear concerned situation presented case belton noted lower courts discovered chimel principle difficult apply context automobile searches incident arrest straightforward rule ha emerged litigated cases none cases cited demonstrate disarray lower courts involved pedestrian vicinity outside reaching distance decisions cited petition writ present thus belton demonstrably concerned narrow common circumstance search occasioned arrest suspect seated driving automobile time law enforcement official approached normally arrest occurred officer safety longer jeopardy must decide search incriminating evidence conduct belton provided previously unavailable therefore necessary guidance category cases rule crafted belton needed cases arrestee first accosted pedestrian chimel provides guidance necessary genuine justification extending belton cover circumstances interest uncovering potentially valuable evidence opinion goal must give way citizen constitutionally protected interest privacy already place rule limiting permissible scope search arrested pedestrian chimel rule provide protection recent occupant vehicle recent occupant house unwilling confine belton rule narrow class cases designed address extends belton reach without supplying guidance future application swollen rule told officers may search vehicle incident arrest long arrestee sort occupant vehicle petitioner ante told recent recent close close perhaps case record clear cautioned belton hen person know apply settled principle recurring factual situation person know scope constitutional protection policeman know scope authority without limiting principle fear today decision contribute massive broadening automobile exception robbins stevens dissenting officers probable cause arrest individual search car accordingly respectfully dissent footnotes appeals reach district alternative holding nichols conducted lawful inventory search petitioner argues reject proposed contact initiation rule limit scope belton recent occupants within reaching distance car brief petitioner decline address petitioner argument however outside question granted certiorari see rule addressed appeals see peralta heights medical center note unlikely petitioner even meet standard apparently conceded appeals close proximity temporally spatially vehicle approached nichols justice stevens contends belton rule needed cases arrestee first accosted pedestrian chimel california provides guidance necessary post dissenting opinion justice stevens approach however even car within arrestee reaching distance chimel police officers courts still determine whether particular object within passenger compartment also within arrestee reaching distance chimel exactly type unworkable inquiry belton rejected holding entire passenger compartment may searched area within immediate control arrestee arguably includes interior automobile arrestee recent occupant whatever merits justice scalia opinion concurring judgment wrong case address petitioner never argued belton limited cases reasonable believe evidence relevant crime arrest might found vehicle post consider justice scalia reasoning see pennsylvania dept corrections yeskey issues neither raised considered appeals ordinarily consider quoting adickes kress question presented hether rule announced new york belton confined situations police initiate contact occupant vehicle person vehicle pet fairly encompass justice scalia analysis see rule questions set petition fairly included therein considered never opportunity respond approach see yee escondido circumstances imprudent overrule intents purposes established constitutional precedent governs police authority common occurrence automobile searches pursuant arrest decline time footnotes characterize entire office defendant immediate control used term broader sense one acquired chimel compare chimel rationale pedigree see thornton state ex parte hurn closson morrison leigh cole cox oxford cir welch essay office constable asserts opinion goes beyond scope question presented citing rule ante rule however constrain authority reach issues presented case see vance terrazas tennessee student assistance hood slip event apply issue necessary intelligent resolution question presented see ohio robinette footnotes gleaned case law generalization articles inside relatively narrow compass passenger compartment automobile fact generally even inevitably within area arrestee might reach order grab weapon evidentiary ite belton quoting chimel order establish workable rule category cases require read chimel definition limits area may searched light generalization thus belton held policeman made lawful custodial arrest occupant automobile may contemporaneous incident arrest search passenger compartment automobile omitted police lawfully may search passenger compartment automobile reasoned followed police may also examine contents containers found within passenger compartment passenger compartment within reach arrestee also containers within reach container may course searched whether open closed since justification search arrestee privacy interest container lawful custodial arrest justifies infringement privacy interest arrestee may omitted extolled virtues single familiar standard guide police officers limited time expertise reflect balance social individual interests involved specific circumstances confront quoting dunaway new york robbins companion case belton held police officers open closed opaque containers found trunk car lawful warrantless search plurality opinion officer robbins probable cause believe car contained marijuana applied automobile exception sustain search dissenting opinion expressed concern authorizing police officers search containers passenger compartment without probable cause provide constitutional predicate broader vehicle searches neutral magistrate authorize issuing warrant ibid see benson defendant arrested sitting car sanders occupants car time officers approached rigales defendant apprehended traffic stop dixon agents placed appellant arrest still car frick defendant arrested car parking lot adjacent apartment building time arrest attaché case question lying back seat car approximately two feet defendant readily accessible hinkel anchorage alaska defendant arrested car immediately following collision ulesky state app defendant arrested car traffic stop pet cert new york belton see agostino suspect car notified police presence neumann defendant stopped police car foster cadc suspects seated parked car approached officer state hunter defendant pulled arrested car state wilkens la defendant arrested automobile