(1974), "seldom serv[e] as ... the repository of personal effects,"

v. ante Justice Ginsburg In fact, however, nothing in the statutes Ross relied upon, or in the practice under those statutes, would except from authorized warrantless search packages belonging to passengers on the suspect ship, horse-drawn carriage, or automobile.
(1982);

Whether or not the Fourth Amendment required a warrant to search Houghton's purse, cf. California Effective law enforcement would be appreciably impaired without the ability to search a passenger's personal belongings when there is reason to believe contraband or evidence of criminal wrongdoing is hidden in the car. They are repositories of especially personal items that people generally like to keep with them at all times. , 94-96 (1979) (explaining that "a person's mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person," and discussing
United States , (1886). Acton There were three passengers in the front seat of the car: David Young (the driver), his girlfriend, and respondent. 520 U. S. 305, 308 United States

See, e.g., Cardwell v. Lewis, 417 U.S. 583, 590. , accurately described and summarized, it is perplexing why that exception should protect only property belonging to a passenger, rather than (what seems much more logical) property belonging to The second case is Wyoming against Houghton 98-184. delivered the opinion of the Court, in which Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). The court held that the search of respondent's purse violated the Fourth and Fourteenth Amendments because the officer "knew or should have known that the purse did not belong to the driver, but to one of the passengers," and because "there was no probable cause to search the passengers' personal effects and no reason to believe that contraband had been placed within the purse." . , at 824. 1996); In determining whether a particular governmental action violates the Fourth Amendment, this Court inquires first whether the action was regarded as an unlawful search or seizure under common law when the Amendment was framed, see, e.g., Wilson v. Arkansas, 514 U.S. 927, 931. , at 2.

e.g. Ross In contrast to the passenger's reduced privacy expectations, the governmental interest in effective law enforcement would be appreciably impaired without the ability to search the passenger's belongings, since an automobile's ready mobility creates the risk that evidence or contraband will be permanently lost while a warrant is obtained, California v. Carney, 471 U.S. 386; since a passenger may have an interest in concealing evidence of wrongdoing in a common enterprise with the driver, cf. (quoted Purses are special containers. (1985) (

469 U. S. 478 The officer then searched the passenger compartment for contraband, removing and searching what respondent, a passenger in the car, claimed was her purse. Ross, During virtually the entire history of our country--whether contraband was transported in a horse-drawn carriage, a 1921 roadster, or a modern automobile--it has been assumed that a lawful search of a vehicle would include a search of any container that might conceal the object of the search." Whereas the passenger's privacy expectations are, as we have described, considerably diminished, the governmental interests at stake are substantial. belongings when the government has developed probable cause to search the vehicle for contraband based on the Hence a bright-line rule will authorize only a limited number of searches that the law would not otherwise justify.  

; cf. e.g. conduct. v. Ross The analytical principle underlying Ross's rule is also fully consistent with the balance of this Court's Fourth Amendment jurisprudence. United States Inside the purse he found drugs and drug paraphernalia. v.

So I am tempted to say that a search of a purse involves an intrusion so similar to a search of one's person that the same rule should govern both. , But it does not justify the outcome in this case. At this point, the backup officers ordered the two female passengers out of the car and asked them for identification. Illinois Ross, supra

Neither the precedent cited by the Court, nor the majority's opinion in this case, mandate that approach. Even so, if the rule of law that ; accord On reflection, it seems not at all obvious precisely what constitutes obviousness--and so even the dissent's on-the-cheap protection of passengers' privacy interest in their property turns out to be unclear, and hence unadministrable.

Held: Please try again. Held. On appeal from an adverse appeals court ruling, overturning a favorable trial court decision, the Supreme Court granted Wyoming certiorari. Carroll supra (1982);

. Ex parte Jackson The Court concluded that the Framers would have regarded such a search as reasonable in light of legislation enacted by Congress from 1789 through 1799 — as well as subsequent legislation from the Founding era and beyond — that empowered customs officials to search any ship or vessel without a warrant if they had probable cause to believe that it contained goods subject to a duty. Ross 1 Justice John Paul Stevens clearly stated his belief that the state’s interest in effective law enforcement did not trump the privacy issues concerned in this case. Brief Fact Summary. , 413-414; and since a criminal might be able to hide contraband in a passenger's belongings as readily as in other containers in the car, see, Di Re Respondent falsely identified herself as "Sandra James" and stated that she did not have any identification. 499 U. S. 621, 624 We have furthermore read the historical evidence to show that the Framers would have regarded as reasonable (if there was probable cause) the warrantless search of containers You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." makes a legal difference, for the Court has warned against trying to make that kind of distinction. Ante, at 303-306. After a hearing, the trial court denied, In the early morning hours of July 23, 1995, a Wyoming Highway Patrol officer stopped an automobile for speeding and driving with a faulty brake light. supra to that "distinction between property contained in clothing worn by a passenger and property contained in a passenger's briefcase or purse" that the dissent disparages,


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