wyoming houghton argued january decided april routine traffic stop wyoming highway patrol officer noticed hypodermic syringe driver shirt pocket driver admitted using take drugs officer searched passenger compartment contraband removing searching respondent passenger car claimed purse found drug paraphernalia arrested respondent drug charges trial denied motion suppress evidence purse fruit unlawful search holding officer probable cause search car contraband extension containers therein hold contraband respondent convicted reversing wyoming ruled officer probable cause search vehicle may search containers might conceal object search officer knows know container belongs passenger suspected criminal activity container outside scope search unless someone opportunity conceal contraband within avoid detection applying rule concluded search violated fourth fourteenth amendments held police officers probable cause search car case may inspect passengers belongings found car capable concealing object search determining whether particular governmental action violates fourth amendment inquires first whether action regarded unlawful search seizure common law amendment framed see wilson arkansas inquiry yields answer must evaluate search seizure traditional reasonableness standards balancing individual privacy interests legitimate governmental interests see vernonia school dist acton concluded framers regarded reasonable warrantless search car police probable cause believe contained contraband carroll well warrantless search containers within automobile ross neither ross historical evidence relied upon admits distinction based ownership analytical principle underlying ross rule also fully consistent balance fourth amendment jurisprudence even historical evidence equivocal balancing relative interests weighs decidedly favor searching passenger belongings passengers less drivers possess reduced expectation privacy regard property transport cars see cardwell lewis degree intrusiveness package search upon personal privacy personal dignity substantially less degree intrusiveness body searches issue di ybarra illinois contrast passenger reduced privacy expectations governmental interest effective law enforcement appreciably impaired without ability search passenger belongings since automobile ready mobility creates risk evidence contraband permanently lost warrant obtained california carney since passenger may interest concealing evidence wrongdoing common enterprise driver cf maryland wilson since criminal might able hide contraband passenger belongings readily containers car see rawlings kentucky wyoming passenger property rule unworkable practice finally exception historical practice described ross protecting passenger property rather property belonging anyone driver less sensible rule package may searched whether owner present passenger otherwise might contain object search pp reversed scalia delivered opinion rehnquist kennedy thomas breyer joined breyer filed concurring opinion stevens filed dissenting opinion souter ginsburg joined wyoming petitioner sandra houghton writ certiorari wyoming april justice scalia delivered opinion case presents question whether police officers violate fourth amendment search passenger personal belongings inside automobile probable cause believe contains contraband early morning hours july wyoming highway patrol officer stopped automobile speeding driving faulty brake light three passengers front seat car david young driver girlfriend respondent questioning young officer noticed hypodermic syringe young shirt pocket left occupants supervision two backup officers went get gloves patrol car upon return instructed young step car place syringe hood officer asked young syringe refreshing candor young replied used take drugs point backup officers ordered two female passengers car asked identification respondent falsely identified sandra james stated identification meanwhile light young admission officer searched passenger compartment car contraband back seat found purse respondent claimed removed purse wallet containing respondent driver license identifying properly sandra houghton officer asked lied name replied case things went bad continuing search purse officer found brown pouch black container respondent denied former claimed ignorance came found contain drug paraphernalia syringe ccs methamphetamine respondent admitted ownership black container also found contain drug paraphernalia syringe respondent acknowledged ccs methamphetamine amount insufficient support felony conviction issue case officer also found fresh marks respondent arms placed arrest state wyoming charged respondent felony possession methamphetamine liquid amount greater gram see wyo stat ann iii supp hearing trial denied motion suppress evidence obtained purse fruit violation fourth fourteenth amendments held officer probable cause search car contraband extension containers therein hold contraband jury convicted respondent charged wyoming divided vote reversed conviction announced following rule generally probable cause established search vehicle officer entitled search containers therein may contain object search however officer knows know container personal effect passenger suspected criminal activity container outside scope search unless someone opportunity conceal contraband within personal effect avoid detection held search respondent purse violated fourth fourteenth amendments officer knew known purse belong driver one passengers probable cause search passengers personal effects reason believe contraband placed within purse ibid ii fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures determining whether particular governmental action violates provision inquire first whether action regarded unlawful search seizure common law amendment framed see wilson arkansas california hodari inquiry yields answer must evaluate search seizure traditional standards reasonableness assessing one hand degree intrudes upon individual privacy degree needed promotion legitimate governmental interests see vernonia school dist acton uncontested present case police officers probable cause believe illegal drugs car carroll similarly involved warrantless search car law enforcement officials probable cause believe contained contraband case bootleg liquor concluded framers regarded search reasonable light legislation enacted congress well subsequent legislation founding era beyond empowered customs officials search ship vessel without warrant probable cause believe contained goods subject duty id see also ross boyd thus held contraband goods concealed illegally transported automobile vehicle may searched without warrant probable cause exists carroll supra furthermore read historical evidence show framers regarded reasonable probable cause warrantless search containers within automobile ross supra upheld reasonable warrantless search paper bag leather pouch found trunk defendant car officers probable cause believe trunk contained drugs justice stevens writing observed noteworthy early legislation relied carroll concerned enforcement laws imposing duties imported merchandise presumably merchandise shipped containers various kinds today since congress authorized warrantless searches vessels beasts imported merchandise inconceivable intended customs officer obtain warrant every package discovered search certainly congress intended customs officers open shipping containers necessary merely examine exterior cartons boxes smuggled goods might concealed virtually entire history country whether contraband transported carriage roadster modern automobile assumed lawful search vehicle include search container might conceal object search id ross summarized holding follows probable cause justifies search lawfully stopped vehicle justifies search every part vehicle contents may conceal object search id emphasis added later cases describing ross characterized applying broadly containers within car without qualification ownership see california acevedo ross took critical step saying closed containers cars searched without warrant presence within automobile johns ross held police officers probable cause search lawfully stopped vehicle may conduct warrantless search containers found inside may conceal object search sure passenger ross claimed package trunk belonged anyone driver even rule law ross announced limited contents belonging driver contents belonging passengers one expected substantial limitation expressed importantly one expected limitation apparent historical evidence formed basis ross holding fact however nothing statutes ross relied upon practice statutes except authorized warrantless search packages belonging passengers suspect ship carriage automobile finally must observe analytical principle underlying rule announced ross fully consistent respondent proposal balance fourth amendment jurisprudence ross concluded historical evidence permissible scope warrantless car search defined object search places probable cause believe may found principle reflected earlier case involving constitutionality search warrant directed premises belonging one suspected crime critical element reasonable search owner property suspected crime reasonable cause believe specific things searched seized located property entry sought zurcher stanford daily statement illustrated citation description carroll supra sum neither ross historical evidence relied upon admits distinction among packages containers based ownership probable cause search contraband car reasonable police officers like customs officials founding era examine packages containers without showing individualized probable cause one passenger personal belongings like driver belongings containers attached car like glove compartment car officer probable cause search contraband car even historical evidence described ross thought equivocal find balancing relative interests weighs decidedly favor allowing searches passenger belongings passengers less drivers possess reduced expectation privacy regard property transport cars trave public thoroughfares cardwell lewis seldom serv repository personal effects ibid subjected police stop examination enforce pervasive governmental controls everyday occurrence south dakota opperman finally exposed traffic accidents may render contents open public scrutiny regard degree intrusiveness upon personal privacy indeed even personal dignity two cases wyoming found dispositive differ substantially package search issue di held probable cause search car justify body search passenger ybarra illinois held search warrant tavern bartender permit body searches bar patrons cases turned unique significantly heightened protection afforded searches one person even limited search outer clothing constitutes severe though brief intrusion upon cherished personal security must surely annoying frightening perhaps humiliating experience terry ohio traumatic consequences expected police examine item personal property found car whereas passenger privacy expectations described considerably diminished governmental interests stake substantial effective law enforcement appreciably impaired without ability search passenger personal belongings reason believe contraband evidence criminal wrongdoing hidden car cases ready mobility automobile creates risk evidence contraband permanently lost warrant obtained california carney addition car passenger unlike unwitting tavern patron ybarra often engaged common enterprise driver interest concealing fruits evidence wrongdoing cf maryland wilson criminal might able hide contraband passenger belongings readily containers car see rawlings kentucky perhaps even surreptitiously without passenger knowledge permission last possibility provided basis respondent defense trial testified seized contraband must placed purse traveling companions one another various times including time half asleep car sure factors favoring search always present balancing interests must conducted eye generality cases require investigating officer positive reason believe passenger driver engaged common enterprise positive reason believe driver time occasion conceal item passenger belongings surreptitiously friendly permission impose requirements seldom met passenger property rule dramatically reduce ability find seize contraband evidence crime course requirements attach wyoming rule police officer knows reason know container belongs passenger passenger property exception car searches became widely known one expect claim everything one anticipate bog litigation form civil lawsuits motions suppress criminal trials involving questions whether officer believed passenger claim ownership whether inferred ownership various objective factors whether probable cause believe passenger confederate believe driver might introduced contraband package without passenger knowledge balancing competing interests determinations reasonableness fourth amendment must take account practical realities think militate favor needs law enforcement interest ordinarily weak finally invent exception historical practice ross accurately described summarized perplexing exception protect property belonging passenger rather seems much logical property belonging anyone driver surely houghton privacy invaded degree whether present absent purse searched surely presence car driver provided rather less reason believe two league may ordinarily easier identify property belonging someone driver purported owner present identify many cases like ross car seized identification may occur later even site stop one readily imagine package clearly marked owner name phone number officer confirm driver denial ownership sensible rule one supported history caselaw package may searched whether owner present passenger otherwise may contain contraband officer reason believe car hold police officers probable cause search car may inspect passengers belongings found car capable concealing object search judgment wyoming reversed ordered wyoming petitioner sandra houghton writ certiorari wyoming april justice breyer concurring join opinion understanding history meant inform automatically determine answer fourth amendment question ante also agree police officer probable cause search car say drugs reasonable officer also search containers within car police must establish container ownership prior search container whenever example passenger says mine resulting uncertainty destroy workability rule set forth ross time police officers probable cause search car drugs often probable cause search containers regardless hence rule authorize limited number searches law otherwise justify time point certain limitations upon scope rule describes obviously rule applies automobile searches equally obviously rule applies containers found within automobiles extend search person found automobile notes di relied heavily justice stevens dissent makes clear search person including even limited search outer clothing ante quoting terry ohio different matter respect law provides significantly heightened protection ibid cf ybarra illinois sibron new york less obviously view also important fact container issue woman purse found considerable distance owner claim ownership officer discovered identification looking purses special containers repositories especially personal items people generally like keep times tempted say search purse involves intrusion similar search one person rule govern however given prior cases argue fact container purse automatically makes legal difference warned trying make kind distinction ross supra say matter woman purse like man billfold attached person might amount kind outer clothing terry ohio supra cases properly receive increased protection see post stevens dissenting quoting di supra case purse separate person one claimed circumstances type container makes difference reason join opinion wyoming petitioner sandra houghton writ certiorari wyoming april justice stevens justice souter justice ginsburg join dissenting wyoming highest decided state highway patrolman unlawfully searched sandra houghton purse state wyoming petitioned writ certiorari state asked consider propriety searching automobile passenger belongings government developed probable cause search vehicle contraband based driver conduct state conceded trooper searched houghton purse lacked warrant consent probable cause specific purse passenger pet cert light established preference warrants individualized suspicion respect result reached wyoming affirm judgment prior cases applying automobile exception fourth amendment warrant requirement either defendant operator vehicle custody object search question raised defendant ownership custody automobile case confronting search passenger defendant di held exception warrant requirement apply id addressing searches passenger pockets space shirt underwear uncovered counterfeit fuel rations di information prompting search directly implicated driver passenger today instead adhering settled distinction drivers passengers fashions new rule based distinction property contained clothing worn passenger property contained passenger briefcase purse cases sides newly minted test property container whether pocket pouch located vehicle moreover unlike think quite plain search passenger purse briefcase involves intrusion privacy may serious intrusion di see new jersey ex parte jackson even apart di approach dictated precedent example ross concerned interest driver integrity automobile id categorically rejected notion scope warrantless search vehicle might defined nature container contraband secreted id rather defined object search places probable cause believe may found ibid thus disapproved possible distinction man pocket woman pocketbook ironically concluded ross robable cause believe container placed trunk taxi contains contraband evidence justify search entire cab ibid rule fashions apparently permit warrantless search passenger briefcase probable cause believe taxidriver syringe somewhere vehicle persuaded mere spatial association passenger driver provides acceptable basis presuming partners crime ignoring privacy interests purse whether fourth amendment required warrant search houghton purse cf carroll least trooper case probable cause believe purse contained contraband wyoming concluded see app finally view state legitimate interest effective law enforcement outweigh privacy concerns issue confident police officer ability apply rule requiring warrant individualized probable cause search belongings case obviously owned custody passenger ability circumvent rule ante certainly ostensible clarity rule attractive virtue insufficient justification adoption arizona hicks mincey arizona moreover rule requiring warrant individualized probable cause search passenger belongings every bit simple rule simply protects privacy decide case accord said passengers privacy rather might said cases issue squarely presented see ante justice jackson wrote fifty years ago sound today government says contend armed search warrant residence search persons found occupant house used conceal contraband person quite readily occupant car necessity argument advanced support search seem strong reason searching guests house search warrant issued search guests car none issued parity reasoning government disclaims right search occupants house suppose government contend valid search warrant car search occupants incident execution say right search car without warrant confers greater latitude search occupants search warrant permit see ground expanding ruling carroll case justify arrest search incident search car convinced person mere presence suspected car loses immunities search person otherwise entitled di accord ross proper scope warrantless automobile search based probable cause broader proper scope search authorized warrant supported probable cause instead applying ordinary fourth amendment principles case majority extends automobile warrant exception allow searches passenger belongings based driver misconduct thankfully analysis limits scope holding justify outcome case respectfully dissent footnotes dissent begins analysis post assertion case governed decision di held dissent describes automobile exception warrant requirement justify searches passenger pockets space shirt underwear post attributes holding settled distinction drivers passengers rather distinction search person search property dissent claims newly minted today opinion new rule based distinction property contained clothing worn passenger property contained passenger briefcase purse ibid peroration however dissent quotes extensively justice jackson opinion di makes clear precisely distinction search person search property case relied upon government says contend armed search warrant residence search persons found occupant house used conceal contraband person quite readily occupant car quoted post dissent really believe justice jackson saying inspect property belonging persons found house say large standing safe violin case belonging owner visiting godfather course justice jackson meant referring precisely distinction property contained clothing worn passenger property contained passenger briefcase purse dissent disparages post distinction searches person searches property assuredly newly minted see supra dissent thinks pockets clothing count part person must believe searches person strip searches dissent confident police officer ability apply rule requiring warrant individualized probable cause search belongings obviously owned custody passenger post dissent strange criterion warrant protection obviously owned custody preceding paean importance preserving passengers privacy rings little hollow rehearing enough passenger says owns briefcase officer concrete reason believe otherwise dissent consider example obvious ownership reflection seems obvious precisely constitutes obviousness even dissent protection passengers privacy interest property turns unclear hence unadministrable maybe dissent mean propose test since sentences later endorses simpliciter rule requiring warrant individualized probable cause search passenger belongings ibid reasons described text work footnotes see california acevedo california carney johns ross carroll lafave search seizure pp ed id pp see di convinced person mere presence suspected car loses immunities search person otherwise entitled chandler miller emphasizing individualized suspicion ybarra illinois explaining person mere propinquity others independently suspected criminal activity without give rise probable cause search person discussing di brown texas sibron new york see also padilla per curiam expectations privacy property interests govern analysis fourth amendment search seizure claims participants criminal conspiracy may expectations interests conspiracy neither adds detracts knowledge never restricted fourth amendment approach wherein privacy governmental interests stake must considered common law yields answer ante neither precedent cited majority opinion case mandate approach later discussion attempt address contemporary privacy governmental interests issue cases nature ante either majority unconvinced recitation historical materials determined considering additional factors appropriate event admit former course latter standing alone establish uncertainty common law prerequisite looking beyond history fourth amendment cases response dissent crafted imaginative suggesting di decision rested di status mere occupant vehicle importance individualized suspicion rather intrusive character search see ante search safe violin case less intrusive strip search however persuade di case decided differently di woman gas coupons found purse significantly commenting carroll case immediately preceding paragraphs quoted text di stated even national prohibition act direct arrest occupants person charge offending vehicle though better reason assume passenger car loaded liquor remain innocent knowledge car cargo assume passenger must know pieces paper carried pockets driver di