Legal Opinion
People v. Belton
New York Court of Appeals
Decided June 5, 1980PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
A warrantless search of the zippered pockets of an unaccessible jacket may not be upheld as a search incident to a lawful arrest where there is no longer any danger that the arrestee or a confederate might gain access to the article.
On April 9, 1978, defendant and three companions were traveling on the New York State Thruway in Ontario County when their car was stopped by a State trooper for speeding. Upon approaching the vehicle, the officer smelled the distinct odor of marihuana emanating from within and observed on the floor an envelope which he…
2Cases cited15 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- United States v. RobinsonSupreme Court of the United States · 1973
- United States v. ChadwickSupreme Court of the United States · 1977
- United States v. WatsonSupreme Court of the United States · 1975
10 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- New York v. BeltonSupreme Court of the United States · 1981
- Arizona v. GantSupreme Court of the United States · 2009
- People v. HowardNew York Court of Appeals · 1980
- People v. BeltonNew York Court of Appeals · 1982
- State v. CaraherOregon Supreme Court · 1982
49 more not listed; retrieve them via the Exa API.