NCJ Number
19742
Journal
Ohio State Law Journal Volume: 36 Issue: 1 Dated: (1975) Pages: 97-113
Date Published
1975
Length
17 pages
Annotation
IN THE 1973 COMPANION CASES OF UNITED STATES V. ROBINSON AND GUSTAFSON V. FLORIDA, THE U.S. SUPREME COURT HELD THAT A FULL FIELD SEARCH OF AN ARRESTEE MANY BE MADE INCIDENT TO AN ARREST FOR A TRAFFIC VIOLATION.
Abstract
THE MAJORITY HELD THAT SUCH SEARCHES MAY BE CONDUCTED EVEN IF THE ARRESTING OFFICER HAD NO REASON TO BELIEVE THAT THE ARRESTEE WAS ARMED, OR EVEN IF IN FACT THE POLICE OFFICER BELIEVED THAT THE OFFENDER WAS NOT ARMED. IT IS THE THESIS OF THIS NOTE THAT EVEN THOUGH THE RATIONALES UNDERLYING ROBINSON AND GUSTAFSON ARE QUITE REMINISCENT OF THE REASONING IN MANY OF THE EARLY STATE CASES (BEFORE 1960) ALLOWING A SEARCH OF AN AUTOMOBILE INCIDENT TO A TRAFFIC ARREST, A SEARCH OF THE PERSON OF THE ARRESTEE IS STILL DISTINGUISHABLE FROM A SEARCH OF HIS VEHICLE. THE NOTE ALSO EXPLORES THE QUESTION WHETHER, GIVEN THE PRESENT ALIGNMENT ON THE SUPREME COURT, THE COURT IS LIKELY TO DRAW SUCH A DISTINCTION. FINALLY, SOME OF THE DANGERS INHERENT IN EXTENDING THE SCOPE OF A SEARCH INCIDENT TO A TRAFFIC ARREST TO THE OFFENDER'S VEHICLE ARE DISCUSSED. CONSIDERED ARE POSSIBLE WAYS OF DEALING WITH 'PRETEXTUOUS' OR 'TIMED' ARRESTS (ARRESTS MADE FOR THE SOLE PURPOSE OF CONDUCTING AN INCIDENTAL SEARCH), INCREASED CUSTODIAL TRAFFIC ARRESTS, THE POTENTIAL FOR HARASSMENT OF UNPOPULAR GROUPS WITHIN THE COMMUNITY, AND THE USE OF TRAFFIC ARRESTS AS A PRETEXT FOR STOPPING AND SEARCHING 'SUSPICIOUS' PERSONS. THE AUTHOR CONCLUDES THAT IN ANY SUPREME COURT TEST ON THE MATTER OF DISTINGUISHING BETWEEN A SEARCH OF THE PERSON AND A SEARCH OF HIS VEHICLE, THE THREE MEMBERS OF THE ROBINSON/GUSTAFSON DISSENT MUST 'SWING' JUSTICE STEWART OF THE MAJORITY AND JUSTICE POWELL (WHO WROTE A CONCURRING OPINION) OVER TO THEIR SIDE.