Wyoming v. Houghton, 526 U.S. 295, 2 (1999)

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296

WYOMING v. HOUGHTON

Syllabus

Court's Fourth Amendment jurisprudence. Even if the historical evidence were equivocal, the balancing of the relative interests weighs decidedly in favor of searching a passenger's belongings. Passengers, no less than drivers, possess a reduced expectation of privacy with regard to the property they transport in cars. See, e. g., Cardwell v. Lewis, 417 U. S. 583, 590. The degree of intrusiveness of a package search upon personal privacy and personal dignity is substantially less than the degree of intrusiveness of the body searches at issue in United States v. Di Re, 332 U. S. 581, and Ybarra v. Illinois, 444 U. S. 85. In contrast to the passenger's reduced privacy expectations, the governmental interest in effective law enforcement would be appreciably impaired without the ability to search the passenger's belongings, since an automobile's ready mobility creates the risk that evidence or contraband will be permanently lost while a warrant is obtained, California v. Carney, 471 U. S. 386; since a passenger may have an interest in concealing evidence of wrongdoing in a common enterprise with the driver, cf. Maryland v. Wilson, 519 U. S. 408, 413-414; and since a criminal might be able to hide contraband in a passenger's belongings as readily as in other containers in the car, see, e. g., Rawlings v. Kentucky, 448 U. S. 98, 102. The Wyoming Supreme Court's "passenger property" rule would be unworkable in practice. Finally, an exception from the historical practice described in Ross protecting only a passenger's property, rather than property belonging to anyone other than the driver, would be less sensible than the rule that a package may be searched, whether or not its owner is present as a passenger or otherwise, because it might contain the object of the search. Pp. 299-307.

956 P. 2d 363, reversed.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Thomas, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, post, p. 307. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined, post, p. 309.

Paul S. Rehurek, Deputy Attorney General of Wyoming, argued the cause for petitioner. With him on the briefs were Gay Woodhouse, Acting Attorney General, and D. Michael Pauling, Senior Assistant Attorney General.

Barbara McDowell argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Deputy Solicitor General Dreeben.

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