Justice STEVENS delivered the opinion of the Court. The Court stated unequivocally: "[W]e hold that when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." It also found that no other exception to the warrant requirement applied in this case. 07-542, Supreme Court Database ID: The matter, however, is not one of first impression, and that fact makes a substantial difference. SCALIA, J., filed a concurring opinion. Griffith immediately arrested Gant and handcuffed him. (And it appears, not surprisingly, that this is in fact the prevailing practice. Nor do I believe that the other considerations ordinarily relevant when determining whether to overrule a case are satisfied. 652 (1914); Boyd v. United States, 116 U.S. 616, 624-625, 6 S. Ct. 524, 29 L. Ed. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. Under our view, Belton and Thornton permit an officer to conduct a vehicle search when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.
App. 80-328, p. i. This case is also distinguishable from Thornton, in which the petitioner was arrested for a drug offense. BREYER, J., filed a dissenting opinion. [2] I do not understand the Court's decision to reach the following situations. See id., at 625, 124 S. Ct. 2127 (opinion concurring in judgment) ("In [Belton] we set forth a bright-line rule for arrests of automobile occupants, holding that ... a search of the whole [passenger] compartment is justified in every case"). 2d 482 (2006) (plurality opinion); Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 412, 52 S. Ct. 443, 76 L. Ed. See 453 U.S., at 456, 101 S. Ct. 2860; Brief for Petitioner in New York v. Belton, O.T.1980, No. Contrary to the Court's suggestion, however, Justice Brennan's Belton dissent did not mischaracterize the Court's holding in that case or cause that holding to be misinterpreted. I observed in Thornton that the government had failed to provide a single instance in which a formerly restrained arrestee escaped to retrieve a weapon from his own vehicle, 541 U.S., at 626, 124 S. Ct. 2127; Arizona and its amici have not remedied that significant deficiency in the present case. Because respondent was arrested for driving without a license (a crime for which no evidence could be expected to be found in the vehicle), I would hold in the present case that the search was unlawful.
That holding was based in large part on our assumption "that articles inside the relatively narrow compass of the passenger compartment of an automobile are in fact generally, even if not inevitably, within `the area into which an arrestee might reach.'" On that view of Belton, the state court concluded that the search of Gant's car was unreasonable because Gant clearly could not have accessed his car at the time of the search. rely on donations for our financial security. 1714] Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Kennedy, J., joined, and in which Breyer, J., joined except as to Part II–E. Ante, at 1723. But if it was a loss for officers can Arizona v. Gant … Based on this "abstract doctrine," id., at 760, n. 4, 89 S. Ct. 2034, the Court had sustained searches that extended far beyond an arrestee's grabbing area. I therefore join the opinion of the Court. But for the Court, this seemingly counts for nothing. Thus having probable cause to believe the occupants had committed a drug offense, the officer ordered them out of the vehicle, placed them under arrest, and patted them down.
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