robinson
argued
october
decided
december
result
previous
check
respondent
operator
permit
probable
cause
arrest
respondent
driving
license
revoked
police
officer
made
arrest
respondent
offense
accordance
prescribed
procedures
officer
made
search
respondent
person
course
found
coat
pocket
cigarette
package
containing
heroin
heroin
admitted
evidence
district
trial
resulted
respondent
conviction
drug
offense
appeals
reversed
ground
heroin
obtained
result
search
violation
fourth
amendment
held
case
lawful
custodial
arrest
full
search
person
exception
warrant
requirement
fourth
amendment
also
reasonable
search
amendment
pp
search
incident
valid
arrest
limited
frisk
suspect
outer
clothing
removal
weapons
arresting
officer
may
result
frisk
reasonably
believe
ascertain
suspect
possession
absence
probable
fruits
evidence
particular
crime
arrest
made
narrow
standards
applicable
search
terry
ohio
distinguished
pp
custodial
arrest
suspect
based
probable
cause
reasonable
intrusion
fourth
amendment
search
incident
arrest
requires
additional
justification
probability
particular
arrest
situation
weapons
evidence
fact
found
upon
suspect
person
whether
present
one
reasons
supporting
authority
search
person
incident
lawful
arrest
need
litigated
case
since
custodial
arrest
gave
rise
authority
search
immaterial
arresting
officer
fear
respondent
suspect
armed
pp
rehnquist
delivered
opinion
burger
stewart
white
blackmun
powell
joined
powell
filed
concurring
opinion
post
marshall
filed
dissenting
opinion
douglas
brennan
joined
post
allan
tuttle
argued
cause
brief
solicitor
general
griswold
assistant
attorney
general
petersen
deputy
solicitor
general
lacovara
jerome
feit
joseph
gartlan
argued
cause
respondent
brief
dorothy
sellers
briefs
amici
curiae
urging
reversal
filed
evelle
younger
attorney
general
edward
hinz
chief
assistant
attorney
general
william
james
assistant
attorney
general
robert
granucci
sanford
svetcov
deputy
attorneys
general
state
california
william
scott
attorney
general
james
zagel
jayne
carr
assistant
attorneys
general
state
illinois
fred
inbau
alan
ganz
frank
carrington
glen
murphy
wayne
schmidt
geoffrey
alprin
scott
schoenfeld
americans
effective
law
enforcement
et
al
melvin
wulf
joel
gora
filed
brief
american
civil
liberties
union
amicus
curiae
urging
affirmance
justice
rehnquist
delivered
opinion
respondent
robinson
convicted
district
district
columbia
possession
facilitation
concealment
heroin
violation
ed
sentenced
concurrent
terms
imprisonment
offenses
appeal
appeals
district
columbia
circuit
first
remanded
case
district
evidentiary
hearing
concerning
scope
search
respondent
person
occurred
time
arrest
app
district
made
findings
fact
conclusions
law
adverse
respondent
appealed
time
appeals
en
banc
reversed
judgment
conviction
holding
heroin
introduced
evidence
respondent
obtained
result
search
violated
fourth
amendment
constitution
app
granted
certiorari
set
case
argument
together
gustafson
florida
post
also
decided
today
april
approximately
officer
richard
jenks
veteran
district
columbia
metropolitan
police
department
observed
respondent
driving
cadillac
near
intersection
streets
district
columbia
jenks
result
previous
investigation
following
check
respondent
operator
permit
four
days
earlier
determined
reason
believe
respondent
operating
motor
vehicle
revocation
operator
permit
offense
defined
statute
district
columbia
carries
mandatory
minimum
jail
term
mandatory
minimum
fine
code
ann
jenks
signaled
respondent
stop
automobile
respondent
three
occupants
emerged
car
point
jenks
informed
respondent
arrest
operating
revocation
obtaining
permit
misrepresentation
assumed
appeals
conceded
respondent
jenks
probable
cause
arrest
respondent
effected
arrest
accordance
procedures
prescribed
police
department
instructions
jenks
began
search
respondent
explained
subsequent
hearing
respondent
placed
hands
respondent
left
breast
like
demonstrating
proceeded
pat
thus
right
hand
patdown
jenks
felt
object
left
breast
pocket
heavy
coat
respondent
wearing
testified
tell
also
actually
tell
size
jenks
reached
pocket
pulled
object
turned
crumpled
cigarette
package
jenks
testified
point
still
know
package
felt
package
feel
objects
package
tell
knew
cigarettes
opinion
plurality
judges
appeals
written
judge
wright
concurring
opinion
chief
judge
bazelon
dissenting
opinion
judge
wilkey
concurred
three
judges
gave
careful
comprehensive
treatment
authority
police
officer
search
person
one
validly
arrested
taken
custody
conclude
search
conducted
jenks
case
offend
limits
imposed
fourth
amendment
therefore
reverse
judgment
appeals
well
settled
search
incident
lawful
arrest
traditional
exception
warrant
requirement
fourth
amendment
general
exception
historically
formulated
two
distinct
propositions
first
search
may
made
person
arrestee
virtue
lawful
arrest
second
search
may
made
area
within
control
arrestee
examination
decisions
shows
two
propositions
treated
quite
differently
validity
search
person
incident
lawful
arrest
regarded
settled
first
enunciation
remained
virtually
unchallenged
present
case
validity
second
proposition
likewise
conceded
principle
subject
differing
interpretations
extent
area
may
searched
rule
requiring
exclusion
evidence
obtained
violation
fourth
amendment
first
enunciated
weeks
understandable
virtually
law
developed
since
time
weeks
made
clear
recognition
validity
search
incident
lawful
arrest
present
case
answering
inquiry
specifically
may
well
process
exclusion
state
assertion
right
part
government
always
recognized
english
american
law
search
person
accused
legally
arrested
discover
seize
fruits
evidences
crime
right
uniformly
maintained
many
cases
bishop
criminal
procedure
wharton
crim
plead
practice
dillon
davis
cox
right
without
search
warrant
contemporaneously
search
persons
lawfully
arrested
committing
crime
search
place
arrest
made
order
find
seize
things
connected
crime
fruits
means
committed
well
weapons
things
effect
escape
custody
doubted
arrest
made
reasonable
arresting
officer
search
person
arrested
order
remove
weapons
latter
might
seek
use
order
resist
arrest
effect
escape
otherwise
officer
safety
might
well
endangered
arrest
frustrated
addition
entirely
reasonable
arresting
officer
search
seize
evidence
arrestee
person
order
prevent
concealment
destruction
circumstances
surrounding
williams
possession
gun
seized
sgt
connolly
arrest
weapons
charge
supported
probable
cause
search
person
car
incident
arrest
lawful
thus
broadly
stated
rule
reasons
repeatedly
affirmed
decisions
since
weeks
supra
nearly
years
ago
since
statements
cases
speak
simply
terms
exception
warrant
requirement
terms
affirmative
authority
search
clearly
imply
searches
also
meet
fourth
amendment
requirement
reasonableness
ii
decision
case
appeals
decided
even
police
officer
lawfully
places
suspect
arrest
purpose
taking
custody
may
ordinarily
proceed
fully
search
prisoner
must
instead
conduct
limited
frisk
outer
clothing
remove
weapons
may
result
limited
frisk
reasonably
believe
ascertain
suspect
possession
recognizing
terry
ohio
dealt
permissible
frisk
incident
investigative
stop
based
less
probable
cause
arrest
appeals
felt
principles
case
carried
arrest
driving
one
license
revoked
since
evidence
crime
obtained
search
arrestee
held
search
weapons
justified
terry
ohio
supra
involve
arrest
probable
cause
made
quite
clear
protective
frisk
weapons
approved
might
conducted
without
probable
cause
opinion
explicitly
recognized
distinction
purpose
character
extent
search
incident
arrest
limited
search
weapons
former
although
justified
part
acknowledged
necessity
protect
arresting
officer
assault
concealed
weapon
preston
also
justified
grounds
therefore
involve
relatively
extensive
exploration
person
search
weapons
absence
probable
cause
arrest
however
must
like
search
strictly
circumscribed
exigencies
justify
initiation
warden
hayden
justice
fortas
concurring
thus
must
limited
necessary
discovery
weapons
might
used
harm
officer
others
nearby
may
realistically
characterized
something
less
full
search
even
though
remains
serious
intrusion
arrest
wholly
different
kind
intrusion
upon
individual
freedom
limited
search
weapons
interests
designed
serve
likewise
quite
different
arrest
initial
stage
criminal
prosecution
intended
vindicate
society
interest
laws
obeyed
inevitably
accompanied
future
interference
individual
freedom
movement
whether
trial
conviction
ultimately
follows
protective
search
weapons
hand
constitutes
brief
though
far
inconsiderable
intrusion
upon
sanctity
person
omitted
appeals
also
relied
language
peters
new
york
companion
case
terry
held
police
officer
authority
search
peters
probable
cause
arrest
went
say
incident
search
obviously
justified
need
seize
weapons
things
might
used
assault
officer
effect
escape
well
need
prevent
destruction
evidence
crime
preston
moreover
reasonably
limited
scope
purposes
officer
lasky
engage
unrestrained
examination
peters
personal
effects
second
possible
source
confusion
statement
officer
lasky
engage
unrestrained
examination
peters
personal
effects
since
found
probable
cause
arrest
peters
since
officer
arresting
probable
cause
entitled
make
full
incident
search
assume
merely
factual
observation
factual
matter
agree
omitted
iii
virtually
statements
affirming
existence
unqualified
authority
search
incident
lawful
arrest
dicta
therefore
foreclosed
principles
stare
decisis
examination
history
practice
order
see
whether
sort
qualifications
imposed
appeals
case
fact
intended
framers
fourth
amendment
recognized
cases
decided
prior
weeks
unfortunately
authorities
exist
sparse
treatises
blackstone
commentaries
holmes
common
law
simply
silent
subject
pollock
maitland
history
english
law
describe
law
arrest
rough
rude
time
edward
address
authority
search
incident
arrest
pollock
maitland
history
english
law
ed
issue
apparently
litigated
english
courts
dillon
cox
exch
ireland
cited
weeks
supra
baron
palles
said
interest
state
person
charged
brought
trial
due
course
necessarily
extends
well
preservation
material
evidence
guilt
innocence
custody
purpose
trial
custody
value
law
powerless
prevent
abstraction
destruction
evidence
without
trial
empty
form
right
production
preservation
evidence
see
enforced
otherwise
capture
cox
think
officer
also
justified
taking
person
arrested
crime
deadly
weapon
might
find
upon
revolver
dirk
knife
sword
cane
slung
shot
club
though
used
intended
used
commission
offence
prisoner
arrested
even
though
threats
violence
towards
officer
made
due
regard
safety
part
officer
also
public
safety
justify
sufficient
search
ascertain
weapons
carried
person
prisoner
possession
found
seize
hold
prisoner
discharged
otherwise
properly
disposed
spalding
preston
think
might
money
articles
value
found
upon
prisoner
means
left
possession
might
procure
escape
obtain
tools
implements
weapons
effect
escape
think
officer
arresting
man
crime
may
frequently
make
searches
seizures
many
cases
might
reasonable
proper
courts
hold
harmless
acts
good
faith
regard
public
safety
security
prisoner
generally
speaking
absence
statute
officer
right
take
property
person
prisoner
except
may
afford
evidence
crime
charged
means
identifying
criminal
may
helpful
making
escape
basis
principle
search
person
unlawful
seizure
body
trespass
purpose
search
discover
grounds
yet
unknown
arrest
accusation
citation
omitted
search
person
becomes
lawful
grounds
arrest
accusation
discovered
law
act
subjecting
body
accused
physical
dominion
distinction
may
seem
subtle
truth
founded
shrewd
appreciation
necessities
government
strain
immunity
point
human
nature
rebels
honoring
conduct
peace
officer
empowered
arrest
must
empowered
disarm
may
disarm
may
search
lest
weapon
concealed
search
lawful
retains
finds
connected
crime
people
chiagles
appeals
effect
determined
reason
supporting
authority
full
search
incident
lawful
arrest
possibility
discovery
evidence
fruits
concluding
evidence
fruits
case
offense
respondent
charged
held
protective
search
limited
conditions
laid
terry
search
upon
less
probable
cause
arrest
quite
apart
fact
terry
clearly
recognized
distinction
two
types
searches
different
rule
governed
one
governed
find
additional
reason
disagree
appeals
justification
reason
authority
search
incident
lawful
arrest
rests
quite
much
need
disarm
suspect
order
take
custody
need
preserve
evidence
person
later
use
trial
agnello
abel
standards
traditionally
governing
search
incident
lawful
arrest
therefore
commuted
stricter
terry
standards
absence
probable
fruits
evidence
particular
crime
arrest
made
inclined
basis
seems
us
rather
speculative
judgment
qualify
breadth
general
authority
search
incident
lawful
custodial
arrest
assumption
persons
arrested
offense
driving
licenses
revoked
less
likely
possess
dangerous
weapons
arrested
crimes
scarcely
open
doubt
danger
officer
far
greater
case
extended
exposure
follows
taking
suspect
custody
transporting
police
station
case
relatively
fleeting
contact
resulting
typical
stop
adequate
basis
treating
custodial
arrests
alike
purposes
search
justification
quite
apart
distinctions
fundamental
disagreement
appeals
arises
suggestion
must
litigated
case
issue
whether
present
one
reasons
supporting
authority
search
person
incident
lawful
arrest
think
long
line
authorities
dating
back
weeks
glean
history
practice
country
england
requires
adjudication
police
officer
determination
search
person
suspect
arrested
necessarily
quick
ad
hoc
judgment
fourth
amendment
require
broken
instance
analysis
step
search
authority
search
person
incident
lawful
custodial
arrest
based
upon
need
disarm
discover
evidence
depend
may
later
decide
probability
particular
arrest
situation
weapons
evidence
fact
found
upon
person
suspect
custodial
arrest
suspect
based
probable
cause
reasonable
intrusion
fourth
amendment
intrusion
lawful
search
incident
arrest
requires
additional
justification
fact
lawful
arrest
establishes
authority
search
hold
case
lawful
custodial
arrest
full
search
person
exception
warrant
requirement
fourth
amendment
also
reasonable
search
amendment
iv
search
respondent
person
conducted
officer
jenks
case
seizure
heroin
permissible
established
fourth
amendment
law
thorough
search
partook
none
extreme
patently
abusive
characteristics
held
violate
due
process
clause
fourteenth
amendment
rochin
california
since
fact
custodial
arrest
gives
rise
authority
search
moment
jenks
indicate
subjective
fear
respondent
suspect
respondent
armed
course
lawful
search
come
upon
crumpled
package
cigarettes
entitled
inspect
inspection
revealed
heroin
capsules
entitled
seize
fruits
instrumentalities
contraband
probative
criminal
conduct
harris
warden
hayden
adams
williams
judgment
appeals
holding
otherwise
reversed
footnotes
government
introduced
testimony
evidentiary
hearing
upon
original
remand
appeals
certain
standard
operating
procedures
metropolitan
police
department
sergeant
dennis
donaldson
metropolitan
police
department
training
division
instructor
testified
police
officer
makes
full
custody
arrest
defined
one
officer
arrest
subject
subsequently
transport
police
facility
booking
officer
trained
make
full
field
type
search
describe
physical
acts
officer
instructed
perform
respect
field
search
full
custody
arrest
situation
sgt
donaldson
basically
thorough
search
individual
expect
field
search
officer
completely
search
individual
inspect
areas
behind
collar
underneath
collar
waistband
trousers
cuffs
socks
shoes
areas
ask
complete
thorough
search
instructions
field
type
search
situation
officer
feels
something
outside
garment
full
custody
arrest
conducting
field
search
expect
remove
anything
examine
determine
exactly
full
custody
arrest
last
part
witness
conducting
field
search
done
time
full
custody
arrest
expect
officer
examine
anything
might
find
subject
thing
search
witness
determine
frisk
squeezing
fact
weapon
used
instruct
go
field
search
even
though
may
feel
something
believes
weapon
instructed
take
witness
yes
sir
sergeant
donaldson
testified
officers
instructed
examine
contents
pockets
arrestee
course
field
search
stated
standard
operating
procedures
initiated
police
department
rimarily
officer
safety
secondly
safety
individual
placed
arrest
thirdly
search
evidence
crime
officer
instructed
make
full
field
search
person
individual
arrests
instructed
police
department
regulations
provide
case
arrest
driving
revocation
areas
beyond
arrestee
immediate
control
searched
probable
cause
believe
vehicle
contains
fruits
instrumentalities
contraband
evidence
offense
driving
revocation
regulations
also
provide
case
traffic
offenses
including
crime
operating
motor
vehicle
revocation
operator
permit
officer
shall
make
summary
arrest
violator
take
violator
custody
station
house
booking
metropolitan
police
department
general
order
series
apr
operating
procedures
course
determinative
constitutional
issues
presented
case
see
taylor
two
studies
constitutional
interpretation
taylor
suggests
little
reason
doubt
search
arrestee
person
premises
old
institution
arrest
neither
reported
cases
legal
literature
indication
search
person
arrestee
premises
taken
ever
challenged
england
end
nineteenth
century
english
courts
gave
point
short
shrift
arrest
made
crime
reasonable
believe
evidence
exists
appeals
recognizes
warrantless
intrusion
pockets
arrestee
discover
evidence
reasonable
search
incident
exception
app
officer
may
use
reasonable
evidentiary
intrusion
simultaneously
look
weapons
ibid
assumption
appears
least
questionable
light
available
statistical
data
concerning
assaults
police
officers
course
making
arrests
danger
police
officer
flows
fact
arrest
attendant
proximity
stress
uncertainty
grounds
arrest
one
study
concludes
approximately
shootings
police
officers
occur
officer
stops
person
automobile
bristow
police
officer
shootings
tactical
evaluation
crim
cited
adams
williams
government
brief
notes
uniform
crime
reports
prepared
federal
bureau
investigation
indicate
significant
percentage
murders
police
officers
occurs
officers
making
traffic
stops
brief
reports
indicate
police
officers
murdered
officers
killed
engaged
making
traffic
stops
ibid
opinion
appeals
also
discussed
understanding
law
police
officer
makes
characterized
routine
traffic
stop
officer
simply
issue
notice
violation
allow
offender
proceed
since
case
officer
make
arrest
violator
reach
question
discussed
appeals
concedes
searching
respondent
officer
jenks
motivated
feeling
imminent
danger
specifically
looking
weapons
brief
officer
jenks
testified
searched
robinson
think
looking
searched
previously
noted
officer
jenks
also
testified
upon
removing
cigarette
package
respondent
custody
still
unsure
package
knew
cigarettes
justice
powell
concurring
although
join
opinions
write
briefly
emphasize
seems
essential
premise
decisions
fourth
amendment
safeguards
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
areas
individual
life
entertains
legitimate
expectations
privacy
believe
individual
lawfully
subjected
custodial
arrest
retains
significant
fourth
amendment
interest
privacy
person
view
custodial
arrest
significant
intrusion
state
power
privacy
one
person
arrest
lawful
privacy
interest
guarded
fourth
amendment
subordinated
legitimate
overriding
governmental
concern
reason
exists
frustrate
law
enforcement
requiring
independent
justification
search
incident
lawful
custodial
arrest
seems
reason
valid
arrest
justifies
full
search
person
even
search
narrowly
limited
twin
rationales
seizing
evidence
disarming
arrestee
search
incident
arrest
reasonable
fourth
amendment
privacy
interest
protected
constitutional
guarantee
legitimately
abated
fact
arrest
opinion
also
applies
gustafson
florida
post
appeals
ninth
circuit
aptly
stated
rationale
charles
power
body
accused
essence
arrest
two
separated
say
police
may
curtail
liberty
accused
refrain
impinging
upon
sanctity
pockets
except
enumerated
reasons
ignore
custodial
duties
devolve
upon
arresting
authorities
custody
must
necessity
asserted
initially
whatever
arrested
party
possession
time
apprehension
body
accused
validly
subjected
physical
dominion
law
inspections
person
regardless
purpose
deemed
unlawful
unless
violate
dictates
reason
either
number
manner
perpetration
citation
omitted
gustafson
post
petitioner
conceded
validity
custodial
arrest
although
conclusion
robinson
gustafson
presented
different
question
petitioner
proved
taken
custody
afford
pretext
search
actually
undertaken
collateral
objectives
question
us
justice
marshall
justice
douglas
justice
brennan
join
dissenting
certain
fundamental
principles
characterized
fourth
amendment
jurisprudence
years
perhaps
basic
expressed
justice
butler
speaking
unanimous
gobart
formula
determination
reasonableness
case
decided
facts
circumstances
recently
held
constitutional
validity
warrantless
search
sort
question
decided
concrete
factual
context
individual
case
sibron
new
york
intensive
times
painstaking
analysis
characteristic
fourth
amendment
decisions
jealous
regard
maintaining
integrity
individual
rights
mapp
ohio
see
also
weeks
present
case
however
majority
turns
back
principles
holding
fact
lawful
arrest
always
establishes
authority
conduct
full
search
arrestee
person
regardless
whether
particular
case
present
one
reasons
supporting
authority
search
person
incident
lawful
arrest
ante
majority
approach
represents
clear
marked
departure
long
tradition
adjudication
reasonableness
searches
seizures
fourth
amendment
continue
believe
scheme
fourth
amendment
becomes
meaningful
assured
point
conduct
charged
enforcing
laws
subjected
detached
neutral
scrutiny
judge
must
evaluate
reasonableness
particular
search
seizure
light
particular
circumstances
terry
ohio
find
majority
reasoning
odds
fundamental
principles
must
respectfully
dissent
april
officer
richard
jenks
stopped
cadillac
driven
respondent
intersection
streets
district
columbia
called
routine
spot
check
time
officer
jenks
examined
respondent
temporary
operator
permit
automobile
registration
card
selective
service
classification
card
although
permitted
respondent
go
way
officer
jenks
pursued
discrepancy
noted
date
birth
given
operator
permit
date
birth
given
selective
service
card
check
police
traffic
records
showed
operator
permit
issued
one
willie
robinson
born
revoked
temporary
operator
permit
subsequently
issued
one
willie
robinson
born
pictures
revoked
permit
application
temporary
permit
man
person
stopped
jenks
routine
check
april
investigated
matter
fashion
clear
officer
jenks
probable
cause
believe
respondent
violated
provision
district
columbia
motor
vehicle
code
making
unlawful
person
operate
motor
vehicle
district
period
operator
permit
revoked
code
ann
four
days
later
april
duty
patrol
car
officer
jenks
partner
saw
respondent
driving
vehicle
pulled
behind
respondent
car
signaled
stop
indications
record
respondent
immediately
complied
brought
car
stop
alongside
curb
officers
parking
patrol
car
immediately
behind
respondent
got
car
walked
back
toward
patrol
car
officer
jenks
partner
got
patrol
car
started
toward
respondent
car
officer
jenks
asked
respondent
permit
registration
card
shown
permit
respondent
given
four
days
earlier
informed
respondent
arrest
operating
motor
vehicle
revocation
operator
permit
jenks
began
search
respondent
normal
procedure
conducting
search
arrestee
wall
something
nature
jenks
words
think
almost
every
search
different
depends
man
size
nature
crime
since
substantial
height
weight
advantage
respondent
arrest
traffic
offense
jenks
chose
instead
conduct
search
face
face
contrast
normal
practice
first
step
search
jenks
place
hands
respondent
chest
begin
pat
patdown
jenks
felt
something
left
breast
pocket
respondent
heavy
overcoat
jenks
later
testified
immediately
tell
pocket
record
indicate
however
object
feel
like
gun
jenks
particular
indication
weapon
kind
nonetheless
reached
pocket
took
object
turned
cigarette
package
package
hands
jenks
feel
objects
inside
tell
appear
jenks
reason
believe
fact
believe
objects
weapons
sort
nevertheless
opened
package
looked
inside
thereby
finding
gelatin
capsules
heroin
introduced
respondent
trial
possession
facilitation
concealment
heroin
ii
justice
jackson
writing
johnson
explained
point
fourth
amendment
often
grasped
zealous
officers
denies
law
enforcement
support
usual
inferences
reasonable
men
draw
evidence
protection
consists
requiring
inferences
drawn
neutral
detached
magistrate
instead
judged
officer
engaged
often
competitive
enterprise
ferreting
crime
right
privacy
must
reasonably
yield
right
search
rule
decided
judicial
officer
policeman
government
enforcement
agent
vast
majority
cases
determination
right
privacy
must
reasonably
yield
right
search
required
made
neutral
judicial
officer
search
conducted
see
katz
agnello
constitution
requires
deliberate
impartial
judgment
judicial
officer
interposed
citizen
police
wong
sun
requirement
police
seek
prior
approval
search
judicial
officer
doubt
subject
specifically
established
exceptions
katz
supra
including
searches
moving
vehicle
carroll
searches
certain
exigent
circumstances
warden
hayden
mcdonald
searches
incident
lawful
arrest
agnello
supra
chimel
california
exception
invoked
justify
search
without
warrant
preclude
judicial
inquiry
reasonableness
search
role
judiciary
police
officers
delimit
scope
exceptions
warrant
requirement
general
requirement
search
warrant
obtained
lightly
dispensed
burden
seeking
exemption
requirement
show
need
quoting
jeffers
exceptions
warrant
requirement
talismans
precluding
judicial
inquiry
whenever
invoked
see
coolidge
new
hampshire
supra
rather
jealously
carefully
drawn
jones
carrying
mandate
delineating
proper
scope
exception
requires
consideration
purposes
exception
apply
particular
search
occurred
case
see
chimel
california
supra
preston
yet
majority
rather
focusing
facts
case
places
great
emphasis
police
department
order
instructed
officer
jenks
conduct
full
search
examine
carefully
everything
found
whenever
making
arrest
see
ante
mode
analysis
explicitly
rejected
sibron
new
york
defendant
state
urged
principal
issue
us
constitutionality
state
statute
authorized
search
question
declined
however
engage
viewed
abstract
unproductive
exercise
laying
words
statute
next
fourth
amendment
effort
determine
whether
two
sense
compatible
constitutional
inquiry
concluded
furthered
attempt
pronounce
judgment
words
statute
must
confine
review
instead
reasonableness
searches
seizures
underlie
two
convictions
majority
also
suggests
appeals
reached
novel
unprecedented
result
imposing
qualifications
historically
recognized
authority
conduct
full
search
incident
lawful
arrest
nothing
truth
appeals
careful
point
one
need
go
back
blackstone
commentaries
holmes
common
law
pollock
maitland
search
precedent
approach
adopted
appeals
indeed
given
fact
mass
production
automobile
begin
early
decades
present
century
find
somewhat
puzzling
majority
even
looks
sources
guidance
question
presented
case
permissible
scope
search
person
incident
lawful
arrest
violation
motor
vehicle
regulation
fact
question
considered
several
state
federal
courts
vast
majority
held
absent
special
circumstances
police
officer
right
conduct
full
search
person
incident
lawful
arrest
violation
motor
vehicle
regulation
barnes
state
example
police
officers
stopped
car
violation
rather
simply
issue
citation
officers
placed
driver
arrest
full
search
driver
person
conducted
including
shining
flashlight
overcoat
pocket
disclosing
small
quantity
marihuana
package
cigarette
papers
wisconsin
held
search
driver
pocket
unreasonable
expressly
holding
traffic
offender
actually
arrested
distinguished
given
summons
reasonable
arresting
officer
search
person
weapons
nevertheless
held
unreasonable
look
inside
driver
overcoat
pocket
flashlight
conceive
said
aspect
search
legitimate
search
weapons
reject
state
contention
search
person
one
lawfully
arrested
valid
search
state
curtis
police
officers
stopped
car
defective
taillights
made
illegal
right
turn
officers
decided
take
driver
station
house
searched
weapons
putting
squad
car
one
officers
felt
outside
driver
pockets
robinson
case
officer
detected
object
tell
feel
like
gun
knife
neither
officer
expressed
concern
personal
safety
testimony
suspected
defendant
criminal
activity
aware
dangerous
propensities
part
nevertheless
officer
reached
pocket
resulting
discovery
package
marihuana
minnesota
held
search
unlawful
recognizing
concern
injuries
loss
life
experienced
police
officers
confrontations
traffic
offenders
held
validity
search
weapons
following
traffic
arrest
depends
whether
officer
reasonable
grounds
believe
search
necessary
safety
prevent
escape
citing
shelton
state
md
app
like
import
decision
oregon
state
en
banc
defendant
automobile
stopped
rear
license
plate
asked
produce
operator
license
defendant
produced
temporary
operator
license
issued
another
person
expired
several
years
earlier
officers
arrested
defendant
placed
back
seat
police
car
one
officers
got
police
car
asked
defendant
remove
money
wallet
give
wallet
officer
defendant
officer
took
papers
wallet
examined
officer
unfolded
one
piece
paper
marijuana
cigarette
fell
held
search
unlawful
recognizing
officer
right
conduct
search
incident
arrest
order
protect
officer
deprive
prisoner
potential
means
escape
held
search
wallet
obviously
nothing
officers
safety
defendant
testified
officers
patted
placing
police
car
officers
remember
whether
event
difficult
see
defendant
wallet
reasonably
believed
contained
weapon
accordingly
think
disingenuous
pronounce
precedents
exist
question
tend
support
broad
statement
authority
search
incident
arrest
found
successive
decisions
rather
restrictive
one
applied
appeals
case
ante
disquieting
say
least
see
admit
irtually
statements
affirming
existence
unqualified
authority
search
incident
lawful
arrest
dicta
concede
presented
open
question
examination
history
practice
helpful
yet
conduct
examination
prior
practice
wholly
superficial
totally
inaccurate
misleading
majority
attempt
avoid
adjudication
fourth
amendment
issues
misguided
matter
principle
also
doomed
fail
matter
practical
application
majority
well
aware
see
ante
powers
granted
police
case
strong
ones
subject
potential
abuse
although
particular
case
officer
jenks
required
police
department
regulations
make
arrest
rather
issue
citation
jurisdictions
traffic
offenses
determination
whether
issue
citation
effect
full
arrest
discretionary
officer
always
possibility
police
officer
lacking
probable
cause
obtain
search
warrant
use
traffic
arrest
pretext
conduct
search
see
supra
suggest
possibility
impugn
integrity
police
merely
point
adjudication
always
necessary
determine
whether
full
arrest
effected
purely
legitimate
reasons
rather
pretext
searching
arrestee
arrest
may
used
pretext
search
evidence
lefkowitz
see
also
jones
abel
rabinowitz
frankfurter
dissenting
cf
chimel
california
iii
majority
police
officer
determination
search
person
suspect
arrested
necessarily
quick
ad
hoc
judgment
fourth
amendment
require
broken
instance
analysis
step
search
ante
precedent
cited
broad
assertion
surprisingly
since
none
indeed
recently
rejected
rigid
model
justification
regulation
amendment
obscures
utility
limitations
upon
scope
well
initiation
police
action
means
constitutional
regulation
held
past
search
reasonable
inception
may
violate
fourth
amendment
virtue
intolerable
intensity
scope
terry
ohio
concluded
determining
whether
seizure
search
unreasonable
inquiry
dual
one
whether
officer
action
justified
inception
whether
reasonably
related
scope
circumstances
justified
interference
first
place
view
matter
search
case
divides
three
distinct
phases
patdown
respondent
coat
pocket
removal
unknown
object
pocket
opening
cigarette
package
question
raised
concerning
lawfulness
patdown
respondent
coat
pocket
appeals
unanimously
affirmed
right
police
officer
conduct
limited
frisk
weapons
making
arrest
regardless
nature
crime
arrest
made
said
seem
clearly
unreasonable
expect
police
officer
place
suspect
squad
car
transportation
stationhouse
without
first
taking
reasonable
measures
insure
suspect
unarmed
therefore
conclude
whenever
police
officer
acting
within
bounds
authority
makes
arrest
may
also
conduct
limited
frisk
suspect
outer
clothing
order
remove
weapons
suspect
may
possession
app
omitted
emphasis
original
respect
removal
unknown
object
coat
pocket
first
issue
presented
whether
aspect
search
sustained
part
limited
frisk
weapons
weapons
search
approved
appeals
modeled
upon
narrowly
drawn
protective
search
weapons
authorized
terry
consists
limited
patting
outer
clothing
suspect
concealed
objects
might
used
instruments
assault
see
sibron
new
york
see
also
terry
supra
appears
conceded
government
removal
object
respondent
coat
pocket
exceeded
scope
terry
frisk
weapons
since
terry
officer
may
remove
object
suspect
pockets
unless
reason
believe
dangerous
weapon
app
citing
ali
model
code
procedure
proposed
official
draft
cf
sibron
new
york
supra
present
case
however
officer
jenks
reason
believe
fact
believe
object
respondent
coat
pocket
weapon
admitted
later
object
feel
like
gun
see
supra
fact
really
thoughts
one
way
another
pocket
jenks
testified
searched
think
looking
searched
since
removal
object
pocket
justified
part
limited
terry
weapons
frisk
question
arises
whether
reasonable
police
officer
effecting
arrest
traffic
offender
make
fuller
search
person
permitted
pursuant
terry
underlying
rationale
search
incident
arrest
traffic
offender
initially
suggests
reasonable
search
whose
scope
similar
protective
weapons
frisk
permitted
terry
search
incident
arrest
majority
indicates
two
basic
functions
removal
weapons
arrestee
might
use
resist
arrest
effect
escape
seizure
evidence
fruits
crime
arrest
made
prevent
concealment
destruction
see
ante
chimel
california
government
contend
search
respondent
pocket
justified
need
find
seize
evidence
order
prevent
concealment
destruction
appeals
found
evidence
fruits
offense
respondent
charged
rationale
search
case
removal
weapons
arrestee
might
use
harm
officer
attempt
escape
rationale
course
identical
rationale
search
permitted
terry
said
sole
justification
search
present
situation
protection
police
officer
others
nearby
must
therefore
confined
scope
intrusion
reasonably
designed
discover
guns
knives
clubs
hidden
instruments
assault
police
officer
terry
ohio
supra
since
underlying
rationale
terry
search
search
traffic
violator
identical
appeals
held
scope
searches
must
view
conclusion
removal
object
respondent
coat
pocket
exceeded
scope
lawful
terry
frisk
conclusion
disputed
government
challenged
majority
plurality
appeals
held
removal
package
exceeded
scope
lawful
search
incident
arrest
traffic
violator
problem
approach
however
ignores
several
significant
differences
context
search
incident
arrest
traffic
violation
made
situation
presented
terry
differences
appear
suggest
permitting
thorough
search
case
permitted
terry
differences
suggest
narrower
limited
right
search
recognized
obvious
difference
two
contexts
relates
whether
officer
cause
believe
individual
dealing
possesses
weapons
might
used
terry
permit
officer
conduct
weapons
frisk
anyone
lawfully
stopped
street
rather
reason
believe
dealing
armed
dangerous
individual
policeman
arrests
suspected
rapist
robber
may
well
reason
believe
dealing
armed
dangerous
person
certainly
hold
true
equal
force
respect
person
arrested
motor
vehicle
violation
sort
involved
case
particular
reason
case
believe
respondent
dangerous
attempted
evade
arrest
quickly
complied
police
bringing
car
stop
signaled
producing
documents
officer
jenks
requested
fact
jenks
admitted
searched
respondent
face
face
rather
fashion
reason
believe
respondent
violent
difference
situation
presented
terry
context
presented
case
tend
suggest
lesser
authority
search
permitted
terry
distinctions
two
cases
suggest
opposite
appeals
noted
crucial
feature
distinguishing
arrest
terry
context
greater
likelihood
person
taken
custody
armed
rather
increased
likelihood
danger
officer
fact
person
armed
app
quoting
people
superior
los
angeles
county
cal
wright
concurring
emphasis
original
terry
stop
involves
momentary
encounter
officer
suspect
arrest
places
two
close
proximity
much
longer
period
time
individual
happens
weapon
person
certainly
much
opportunity
use
officer
situation
prolonged
proximity
also
makes
likely
individual
able
extricate
small
hidden
weapon
might
go
undetected
weapons
frisk
safety
pin
razor
blade
addition
suspect
taken
custody
may
feel
threatened
serious
restraint
liberty
person
simply
stopped
officer
questioning
may
therefore
likely
resort
force
thus
senses
less
need
weapons
search
traffic
arrest
situation
terry
context
ways
greater
need
balancing
competing
considerations
order
determine
reasonable
warrantless
search
traffic
arrest
context
difficult
process
one
may
easy
analytical
guideposts
dealing
factors
easily
quantified
therefore
easily
weighed
one
competing
interests
protecting
individual
interest
remaining
free
unnecessarily
intrusive
invasions
privacy
society
interest
police
officers
take
unnecessary
risks
performance
duties
deserving
serious
attention
tip
balance
particular
direction
explained
fully
think
necessary
solve
balancing
equation
particular
case
important
note
however
view
reasoning
adopted
majority
available
empirical
evidence
supports
result
reached
plurality
appeals
rather
result
reached
today
majority
relies
statistics
indicating
significant
percentage
murders
police
officers
occurs
officers
making
traffic
stops
statistics
confirm
recognized
terry
american
criminals
long
tradition
armed
violence
every
year
country
many
law
enforcement
officers
killed
line
duty
thousands
wounded
terry
ohio
supra
next
sentence
terry
recognized
however
irtually
deaths
substantial
portion
injuries
inflicted
guns
knives
statistics
relied
government
case
support
observation
virtually
killings
caused
guns
knives
type
weapons
go
undetected
properly
conducted
weapons
frisk
requires
citation
statistics
support
proposition
reasonable
police
officers
conduct
frisk
weapons
seeking
disarm
traffic
offender
taken
custody
majority
opinion
fails
recognize
search
conducted
officer
jenks
merely
involve
search
respondent
person
also
included
separate
search
effects
found
person
even
assume
arguendo
reasonable
jenks
remove
object
felt
respondent
pocket
clearly
justification
consistent
fourth
amendment
authorize
opening
package
looking
inside
begin
jenks
cigarette
package
hands
indication
reason
believe
fact
believe
package
contained
weapon
importantly
even
cigarette
package
fact
contained
sort
small
weapon
impossible
respondent
used
package
officer
hands
opening
package
therefore
protective
purpose
search
even
dissenting
opinion
appeals
conceded
since
package
officer
possession
risk
prisoner
use
weapon
package
eliminated
app
wilkey
dissenting
suggested
however
since
custodial
arrest
represents
significant
intrusion
privacy
person
additional
intrusion
way
opening
examining
effects
found
person
worthy
constitutional
protection
approach
expressly
rejected
chimel
suggested
since
police
lawfully
entered
petitioner
house
effect
arrest
additional
invasion
privacy
stemming
accompanying
search
entire
house
inconsequential
answered
see
reason
simply
interference
individual
privacy
freedom
movement
lawfully
taken
place
intrusions
automatically
allowed
despite
absence
warrant
fourth
amendment
otherwise
require
fourth
amendment
preserves
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
chimel
established
principle
lawful
right
police
interfere
security
person
standing
alone
automatically
confer
right
interfere
security
privacy
house
hence
mere
fact
arrest
justification
invading
privacy
individual
personal
effects
government
argues
difficult
see
constitutionally
protected
expectation
privacy
prisoner
interior
cigarette
pack
one
wonders
result
case
respondent
businessman
lawfully
taken
custody
driving
without
license
whose
wallet
taken
police
reasonable
police
officer
possibility
razor
blade
hidden
somewhere
wallet
open
remove
contents
examine
item
carefully
suppose
lawyer
lawfully
arrested
traffic
offense
found
sealed
envelope
person
permissible
arresting
officer
tear
open
envelope
order
make
sure
contain
clandestine
weapon
perhaps
pin
razor
blade
cf
harris
chimel
california
supra
consonant
purpose
fourth
amendment
legitimate
needs
police
require
officer
question
whatsoever
wallet
letter
contains
hold
arrestee
brought
precinct
station
one
characterize
intrusions
privacy
individual
papers
effects
negligible
incidents
serious
intrusion
individual
privacy
stemming
arrest
principled
distinction
drawn
hypothetical
searches
posed
search
cigarette
package
case
reasoned
distinction
warrantless
searches
serve
legitimate
protective
evidentiary
functions
see
chimel
supra
search
conducted
officer
jenks
case
went
far
beyond
reasonably
necessary
protect
harm
ensure
respondent
effect
escape
custody
view
therefore
fell
outside
scope
properly
drawn
search
incident
arrest
exception
fourth
amendment
warrant
requirement
affirm
judgment
appeals
holding
fruits
search
suppressed
respondent
trial
suppression
hearing
officer
jenks
shown
small
derringer
asked
gun
placed
coat
pocket
whether
feels
like
lump
felt
robinson
pocket
night
arrested
jenks
answered
object
feel
rather
felt
harder
larger
uch
suspicious
even
attempt
dip
english
common
law
selective
power
conduct
search
incident
arrest
litigated
leigh
cole
cox
oxford
circuit
civil
case
plaintiff
lawyer
stopped
road
arrested
defendant
superintendent
police
plaintiff
taken
station
house
police
constable
searched
defendant
direction
tobacco
box
piece
paper
taken
instructing
jury
learned
judge
stated
respect
searching
prisoner
doubt
man
custody
may
conduct
reason
violence
language
conduct
police
officer
may
reasonably
think
prudent
right
search
order
ascertain
whether
weapon
might
mischief
person
commit
breach
peace
time
quite
wrong
suppose
general
rule
applied
case
even
man
confined
drunk
disorderly
correct
say
must
submit
degradation
searched
searching
person
must
depend
upon
circumstances
case
majority
reference
quick
ad
hoc
judgment
police
officer
may
read
expression
doubt
whether
kind
police
activity
effectively
controlled
standards
problem
discussed
terry
ohio
recognized
limitations
judicial
function
controlling
myriad
daily
situations
policemen
citizens
confront
street
concluded
even
though
judicial
opinion
comprehend
protean
variety
street
encounter
courts
still
retain
traditional
responsibility
guard
police
conduct
trenches
upon
personal
security
without
objective
evidentiary
justification
constitution
requires
conduct
identified
must
condemned
judiciary
fruits
must
excluded
evidence
criminal
trials
also
position
police
department
sergeant
donaldson
police
department
training
division
instructor
testified
officer
determine
frisk
squeezing
fact
weapon
used
instruct
go
uniform
crime
reports
prepared
federal
bureau
investigation
relied
majority
see
ante
indicate
police
officers
killed
nationwide
killed
firearms
two
remaining
four
killed
knives
last
two
cases
involved
bomb
automobile
dissent
argued
however
inspection
package
still
justifiable
protective
measure
package
contained
razor
blade
live
bullets
officer
alerted
search
robinson
much
thoroughly
since
possibility
weapons
concealed
person
increase
app
emphasis
original
chief
judge
bazelon
indicated
opinion
kind
reasoning
render
meaningless
scope
limitations
searches
one
accept
logic
example
reasonable
police
search
entire
house
chimel
california
weapon
found
somewhere
house
arresting
officer
alerted
search
chimel
thoroughly
possibility
weapons
concealed
person
arguably
increased
necessarily
reasonable
police
opened
cigarette
package
police
station
government
argued
alternative
theory
justify
search
case
suspect
booked
placed
station
house
detention
reasonable
search
person
prevent
introduction
weapons
contraband
jail
facility
inventory
personal
effects
found
suspect
since
respondent
cigarette
package
removed
opened
station
house
anyway
argument
goes
search
might
well
take
place
field
time
arrest
argument
fails
two
reasons
first
appeals
indicated
opinion
mills
app
en
banc
justification
searches
booking
process
rather
fact
suspect
placed
jail
district
columbia
petty
offenses
sort
involved
present
case
bailable
government
stipulated
mills
normal
procedure
offenders
advised
opportunity
post
collateral
station
house
avoid
inventory
search
unless
unable
refuse
one
justify
full
search
field
subsequent
event
quite
possibly
may
never
take
place
second
even
become
necessary
place
respondent
confinement
still
doubtful
whether
one
justify
opening
cigarette
package
examining
contents
purposes
preventing
introduction
weapons
contraband
jail
facility
fully
served
simply
removing
package
prisoner
argued
police
must
inventory
effects
found
prisoner
order
avoid
later
claim
prisoner
jail
personnel
stole
property
appeals
noted
mills
police
protect
claims
means
involving
less
extreme
intrusion
privacy
entailed
opening
examining
contents
effects
found
person
example
appeals
suggested
prisoner
given
opportunity
like
accorded
someone
given
bathhouse
locker
temporary
use
check
belongings
sealed
envelope
perhaps
upon
executing
waiver
releasing
officer
responsibility
government
also
suggested
oral
argument
administratively
inconvenient
require
police
officer
removing
object
arrestee
hold
object
rather
look
inside
determine
contained
mere
administrative
inconvenience
however
justify
invasion
fourth
amendment
rights
see
chimel
california
supra
one
doubt
imagine
cases
inconvenience
might
substantial
interfere
task
transporting
suspect
custody
situations
might
necessitate
different
rule
certainly
case
inconvenience
whatsoever
officer
jenks
easily
placed
cigarette
package
pocket
handed
partner
hold
onto
reached
precinct
station