Knowles v. Iowa, 525 U.S. 113, 5 (1998)

Page:   Index   Previous  1  2  3  4  5  6  7  Next

Cite as: 525 U. S. 113 (1998)

Opinion of the Court

Agnello v. United States, 269 U. S. 20, 30 (1925); Weeks v. United States, 232 U. S. 383, 392 (1914). But neither of these underlying rationales for the search incident to arrest exception is sufficient to justify the search in the present case.

We have recognized that the first rationale—officer safety—is " 'both legitimate and weighty,' " Maryland v. Wilson, 519 U. S. 408, 412 (1997) (quoting Pennsylvania v. Mimms, 434 U. S. 106, 110 (1977) (per curiam)). The threat to officer safety from issuing a traffic citation, however, is a good deal less than in the case of a custodial arrest. In Robinson, we stated that a custodial arrest involves "danger to an officer" because of "the extended exposure which follows the taking of a suspect into custody and transporting him to the police station." 414 U. S., at 234-235. We recognized that "[t]he danger to the police officer flows from the fact of the arrest, and its attendant proximity, stress, and uncertainty, and not from the grounds for arrest." Id., at 234, n. 5. A routine traffic stop, on the other hand, is a relatively brief encounter and "is more analogous to a so-called 'Terry stop' . . . than to a formal arrest." Berkemer v. McCarty, 468 U. S. 420, 439 (1984). See also Cupp v. Murphy, 412 U. S. 291, 296 (1973) ("Where there is no formal arrest . . . a person might well be less hostile to the police and less likely to take conspicuous, immediate steps to destroy incriminating evidence").

This is not to say that the concern for officer safety is absent in the case of a routine traffic stop. It plainly is not. See Mimms, supra, at 110; Wilson, supra, at 413-414. But while the concern for officer safety in this context may justify the "minimal" additional intrusion of ordering a driver and passengers out of the car, it does not by itself justify the often considerably greater intrusion attending a full field-type search. Even without the search authority Iowa urges, officers have other, independent bases to search for weapons and protect themselves from danger. For example, they

117

Page:   Index   Previous  1  2  3  4  5  6  7  Next

Last modified: October 4, 2007