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NEW YORK v. BELTON

No. 80-328.

453 U.S. 454 (1981)

NEW YORK v. BELTON

Supreme Court of United States.

Decided July 1, 1981.

Attorney(s) appearing for the Case

James R. Harvey argued the cause for petitioner. With him on the brief was R. Michael Tantillo.

Paul J. Cambria, Jr., argued the cause and filed a brief for respondent.

Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General McCree, Acting Assistant Attorney General Keeney, and Elliott Schulder.*

JUSTICE STEWART delivered the opinion of the Court.

When the occupant of an automobile is subjected to a lawful custodial arrest, does the constitutionally permissible scope of a search incident to his arrest include the passenger compartment of the automobile in which he was riding? That is the question at issue in the present case.

I

On April 9, 1978, Trooper Douglas Nicot, a New York State policeman driving an unmarked car on the New York Thruway...

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