THORNTON v. UNITED STATES

No. 03-5165.

541 U.S. 615 (2004)

THORNTON v. UNITED STATES.

Supreme Court of United States.

Decided May 24, 2004.


Attorney(s) appearing for the Case

Frank W. Dunham, Jr., argued the cause for petitioner. With him on the briefs were Walter B. Dalton, Frances H. Pratt, and Kenneth P. Troccoli.

Gregory G. Garre argued the cause for the United States. With him on the brief were Solicitor General Olson, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.*

REHNQUIST, C. J., delivered the opinion of the Court except as to footnote 4. KENNEDY, THOMAS, and BREYER, JJ., joined that opinion in full, and O'CONNOR, J., joined as to all but footnote 4. O'CONNOR, J., filed an opinion concurring in part, p. 624. SCALIA, J., filed an opinion concurring in the judgment, in which GINSBURG, J., joined, p. 625. STEVENS, J., filed a dissenting opinion, in which SOUTER, J., joined, p. 633.


CHIEF JUSTICE REHNQUIST delivered the opinion of the Court except as to footnote 4.

In New York v. Belton, 453 U.S. 454 (1981), we held that when a police officer has made a lawful custodial arrest of an occupant of an automobile, the Fourth Amendment allows the officer to search the passenger compartment of that vehicle as a contemporaneous incident of arrest. We have granted...

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