Last April, the U.S. Supreme Court uncharacteristically acknowledged that it had made an error 28 years ago when it carved out a bright-line rule for automobile searches incident to the arrest of a vehicle’s occupant. In Arizona v. Gant,1 the Court reworked and narrowed the scope of the rule it originally adopted in New York v. Belton,2 and ironically affirmed the standard that New York had initially articulated. This column will discuss the new federal standard and the questions it raises as well as possible implications for search and seizure cases in New York.
In Belton, a state trooper stopped a car speeding on the State Thruway. While talking to the driver and passengers, he smelled the odor of marijuana coming from the car. He also noticed an envelope on the car floor marked “Supergold” which he recognized as a name and packaging commonly used to sell marijuana. He ordered the defendant and the three other occupants out of the car and then patted them down. He retrieved the envelope from the car and ascertained that it did contain marijuana. The trooper placed the four persons, who were still standing outside the car, under arrest. The officer returned to the car, searched the passenger compartment and found marijuana butts in the ashtray. He also found the defendant’s jacket lying on the back seat, opened its zippered pocket and found a small amount of cocaine.
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