In United States v. Finley, 477 F.3d 250 (5th Cir. 2007), the Fifth Circuit Court of Appeals ruled that law enforcement officers may search cell phones incident to a lawful arrest. Citing both United States v. Robinson, 414 U.S. 218 (1973) and New York v. Belton, 453 U.S. 454 (1981), the Court stated “Police officers [...]
After many years of expanding the scope of the search incident to arrest doctrine, the United States Supreme Court took a step back in Arizona v. Gant, 556 U.S. 332 (2009). Acting on an anonymous tip that a residence in Tucson was being used to sell drugs, two Tucson police officers knocked on the front [...]
In Thornton v. United States, 541 U.S. 615 (2004), the United States Supreme Court again expanded the authority of law enforcement officers to conduct searches incident to a lawful arrest. In Thornton the Court extended the ruling of New York v. Belton, 453 U.S. 454 (1981), to include “recent occupants” of vehicles. Marcus Thornton was [...]
In 1981, the United States Supreme Court further expanded the authority of law enforcement officers to conduct searches incident to a lawful arrest. In the case before the Court, A New York state police officer pulled over a vehicle traveling at an excessive rate of speed. The vehicle had four occupants, including Roger Belton. During [...]
In 1973, the United States Supreme Court expanded the authority of law enforcement officers to conduct searches incident to a lawful arrest. In the case before the Court, Willie Robinson was arrested for the crime of operating a motor vehicle with a revoked license. Incident to the arrest, the arresting officer searched Robinson for weapons [...]