Wyoming v. Houghton, 526 U.S. 295, 9 (1999)

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Cite as: 526 U. S. 295 (1999)

Opinion of the Court

Even if the historical evidence, as described by Ross, were thought to be equivocal, we would find that the balancing of the relative interests weighs decidedly in favor of allowing searches of a passenger's belongings. Passengers, no less than drivers, possess a reduced expectation of privacy with regard to the property that they transport in cars, which "trave[l] public thoroughfares," Cardwell v. Lewis, 417 U. S. 583, 590 (1974), "seldom serv[e] as . . . the repository of personal effects," ibid., are subjected to police stop and examination to enforce "pervasive" governmental controls "[a]s an everyday occurrence," South Dakota v. Opperman, 428 U. S. 364, 368 (1976), and, finally, are exposed to traffic accidents that may render all their contents open to public scrutiny.

In this regard—the degree of intrusiveness upon personal privacy and indeed even personal dignity—the two cases the Wyoming Supreme Court found dispositive differ substantially from the package search at issue here. United States v. Di Re, 332 U. S. 581 (1948), held that probable cause to search a car did not justify a body search of a passenger. And Ybarra v. Illinois, 444 U. S. 85 (1979), held that a search warrant for a tavern and its bartender did not permit body searches of all the bar's patrons. These cases turned on the unique, significantly heightened protection afforded against searches of one's person. "Even a limited search of the outer clothing . . . constitutes a severe, though brief, intrusion upon cherished personal security, and it must surely be an annoying, frightening, and perhaps humiliating experience." Terry v. Ohio, 392 U. S. 1, 24-25 (1968). Such traumatic consequences are not to be expected when the police examine an item of personal property found in a car.1

1 The dissent begins its analysis, post, at 309-310 (opinion of Stevens, J.), with an assertion that this case is governed by our decision in United States v. Di Re, 332 U. S. 581 (1948), which held, as the dissent describes it, that the automobile exception to the warrant requirement did not justify "searches of the passenger's pockets and the space between his shirt and underwear," post, at 309. It attributes that holding to "the settled dis-

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