LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
  - Texas v. Cobb
  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
- Stops-Generally
- Stops-Terry/Traffic Stops
The Fifth Amendment
- Compelled
- Due Process
- Fourth Amendement Violations
- Holder of the Privelege
- Immunity
- Introductory Issues
- Miranda - Custody
- Miranda - Generally
- Miranda - Goverment Employees
- Miranda - Interrogation
  - Pennsylvania v. Muniz
  - Rhode Island v. Innis
- Miranda - Police
  - Arizona v. Mauro
  - Illinois v. Perkins
- Miranda - Right to Counsel
- Miranda - Right to Silence
- Miranda - Waiver
- Miranda Exceptions
  - New York v. Quarles
  - Harris v. New York
- Testimonial Evidence
- Voluntary
Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
- Serving the Warrant - Person at the Premises
- Serving the Warrant - Related Issues
- With Particularity
Search Warrant Exceptions - P.C. Not Needed
- Consent
- Frisk
- Inspections - Border Inspections
  - United States v. Flores-Montano
  - United States v. Ramsey
- Inspections - Parolees
  - Samson v. California
  - United States v. Knights
- Inspections - Special Needs
- Inspections - Structures
- Inspections - Vehicles
- Inventories
- Search Incident to Arrest
  - United States v. Chadwick
- Search Incident to Arrest - Alcohol Test
  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
Search Warrant Exceptions - P.C. Needed
- Destruction of Evidence
- Emergency Scenes
- Hot Pursuit
- Mobile Vehicles
- Plain View
Related Search and Seizure Issues
- Officer's Intent
- Other Issues
Other Cases
- Generally
Liability
- Brady Material
- Generally
Levels of Suspicion
- Probable Cause
- Reasonable Suspicion
Fourth Amendment - Exclusionary Rule
- Exceptions - Attenuation
  - Utah v. Strieff
- Exceptions - Good Faith Exceptions
- Exceptions - Impeachement
- Exceptions - Independent Source
  - Murray v. United States
- Exceptions - Inevitable Discovery
  - Nix v. Williams
- Exceptions - No Standing to Object
- Exceptions - Other Hearings
  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Search Incident to Arrest - Vehicles

Thornton v. United States

Facts

Before an officer had the opportunity to stop the defendant for a license plate violation, the defendant pulled into a parking lot, parked, and got out of his vehicle. He was walking away from his vehicle as the officer pulled in behind him. The officer stopped him and asked for his driver’s license. During this encounter, the officer obtained the defendant’s consent to pat him down for weapons and narcotics. He found a controlled substance and placed the defendant, a convicted felon, under arrest. The officer then opened the defendant’s vehicle and searched. There he found a weapon.

Issue

Whether the officer can search the passenger’s compartment of a vehicle the arrestee has walked away from?

Held

Yes. The law enforcement officer has the same safety concerns about a suspect either in or near a motor vehicle.

Discussion

The Court held that the arrest of a defendant who is near a vehicle presents the same safety and destruction of evidence concerns as an arrest of a defendant who is inside a vehicle. The stresses associated with an arrest, the Court determined, are not lessened by the fact that the arrestee exited the vehicle before an officer initiated the contact.

Citation

541 U.S. 615, 124 S. Ct. 2137 (2004)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege