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Opinion of the Court
Rehnquist, C. J., delivered the opinion for a unanimous Court.
Paul Rosenberg argued the cause for petitioner. With him on the briefs was Maria Ruhtenberg.
Bridget A. Chambers, Assistant Attorney General of Iowa, argued the cause for respondent. With her on the brief were Thomas J. Miller, Attorney General, and Elizabeth M. Osenbaugh, Solicitor General.*
Chief Justice Rehnquist delivered the opinion of the Court.
An Iowa police officer stopped petitioner Knowles for speeding, but issued him a citation rather than arresting him. The question presented is whether such a procedure authorizes the officer, consistently with the Fourth Amendment, to conduct a full search of the car. We answer this question "no."
Knowles was stopped in Newton, Iowa, after having been clocked driving 43 miles per hour on a road where the speed limit was 25 miles per hour. The police officer issued a citation to Knowles, although under Iowa law he might have arrested him. The officer then conducted a full search of the car, and under the driver's seat he found a bag of marijuana and a "pot pipe." Knowles was then arrested and charged with violation of state laws dealing with controlled substances.
Before trial, Knowles moved to suppress the evidence so obtained. He argued that the search could not be sustained under the "search incident to arrest" exception recognized in United States v. Robinson, 414 U. S. 218 (1973), because he had not been placed under arrest. At the hearing on the motion to suppress, the police officer conceded that he had
*James J. Tomkovicz, Steven R. Shapiro, Susan N. Herman, and Lisa B. Kemler filed a brief for the American Civil Liberties Union et al. as amici curiae urging reversal.
Stephen R. McSpadden filed a brief for the National Association of Police Organizations, Inc., as amicus curiae urging affirmance.
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