Thornton v. United States
Thornton v. United States | |
---|---|
![]() | |
Holding | |
Belton governs even when an officer does not make contact until the person arrested has left the vehicle. | |
Court membership | |
| |
Case opinions | |
Plurality | Rehnquist, joined by Kennedy, Thomas, Breyer |
Concurrence | O'Connor |
Concurrence | Scalia, joined by Ginsburg |
Dissent | Stevens, joined by Souter |
Laws applied | |
U.S. Const. amend. IV |
Thornton v. United States, 541 U.S. 615 (2004), was a decision by the
Thornton and Belton were distinguished by Arizona v. Gant,[3] which restricted searches incident to arrest to circumstance where: 1) it is reasonable to believe that the arrested individual might access the vehicle at the time of the search; or 2) it is reasonable to believe that arrested individual's vehicle contains evidence of the offense that led to the arrest; or 3) the officer has probable cause to believe that there may be evidence of a crime concealed within the vehicle. Thus, while Arizona v. Gant modifies the search incident to arrest doctrine, it also leaves intact certain legal justifications for warrantless searches set forth in Chimel v. California,[4] Thornton, and United States v. Ross.[5]
See also
- List of United States Supreme Court cases, volume 541
- List of United States Supreme Court cases
References
Further reading
- Ball, Dane C. (2005). "Thornton v. United States: Blurring Belton's Bright Line Rule Spells Disaster for Lower Courts and the Fourth Amendment". Southwestern University Law Review. 35: 1. ISSN 0886-3296.
- Dery, G.; Hernandez, M. J. (2005). "Turning a Government Search into a Permanent Power: Thornton v. United States and the 'Progressive Distortion' of Search Incident to Arrest". William and Mary Bill of Rights Journal. 14 (2): 677–710. ISSN 1065-8254.
- Jones, C. J. (2006). "Thornton v. United States: Expanding the Scope of Search Incident to Arrest on America's Roadways". American Journal of Trial Advocacy. 30: 627. ISSN 0160-0281.
- Lewis, J. (2004). "To Serve and Protect: Thornton v. United States and the Newly Anemic Fourth Amendment". Mercer Law Review. 56: 1471. ISSN 0025-987X.
External links
- Text of Thornton v. United States, 541 U.S. 615 (2004) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)