Gustafson v. Florida

Background

A young man driving late at night was stopped by a uniformed police officer after the car weaved across the road. The driver said he had left his license at school and the officer arrested him for not having his operator’s license. While searching the man before putting him into the patrol car, the officer felt and removed a cigarette box from his coat pocket, opened it, and believed the rolled cigarettes inside were marijuana. The man was tried and convicted for possession; state courts disagreed about whether the evidence should have been admitted, and the case reached the High Court.

Reasoning

The Court asked whether an officer may make a full search of a person after a lawful custodial arrest for a minor traffic offense. Citing its decision in United States v. Robinson, the majority held that the fact of a lawful custodial arrest authorizes a full search of the person. The Court said it does not matter that the offense was minor, that the officer felt no particular fear, or that there was no rule requiring custody; the search and inspection of the cigarette box were reasonable, and the officer could seize the suspected marijuana.

Real world impact

The ruling makes clear that police may search people and inspect personal items found on them after a lawful arrest, even for minor offenses. This affects drivers, passengers, and police procedures during arrests, and means similar searches and seizures will likely be allowed in future cases.

Dissents or concurrances

Justice Stewart agreed because the arrest’s legality was conceded. Justice Marshall, joined by two others, dissented, arguing the officer had no justification to open the cigarette box.