Nature of the Case
To access this section all you need to do is click here and register.
Facts
A Trooper in an unmarked car was passed by another car at an excessive rate of speed. The officer gave chase and pulled the car to the side of the road. Four men were in the car. The officer discovered that none of the men owned the vehicle nor were any related to its owner. He also smelled burnt marihuana and saw an envelope marked 'Supergold' on the floor of the car that he associated with marijuana. All were placed under arrest for the unlawful possession of marijuana. He split them up into four separate areas of the Thruway so they would not be in physical touching area of each other. He then picked up the envelope marked 'Supergold' and found that it contained marihuana. He then Mirandized each of the men and searched them. He then searched the passenger compartment of the car. In the back seat, he found a black leather jacket belonging to Belton (D). He unzipped the pockets and found cocaine. D was indicted for criminal possession of a controlled substance. The court denied a motion to suppress. D pleaded guilty to a lesser included offense and appealed on Fourth and Fourteenth Amendment grounds. The New York Supreme Court upheld the constitutionality of the search and seizure, reasoning that 'once defendant was validly arrested for possession of marijuana, the officer was justified in searching the immediate area for other contraband.' The Court of Appeals reversed, holding that 'a warrantless search of the zippered pockets of an inaccessible jacket may not be upheld as a search incident to a lawful arrest where there is no longer any danger that the arrestee or a confederate might gain access to the article.' The Supreme Court granted certiorari.
Support@ bsmsphd.com
Casebriefs Co