Case Brief 14 - could not touch each other and patted them down Then he picked up the envelope and saw it contained marijuana He then read the men

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Christopher Jewell CRJ-205 3-24-08 Case Brief 14 I. New York v. Belton 453 U.S. 454 (1981) II. History: Belton was convicted in Ontario County court of attempted criminal possession of a small amount of cocaine and he appealed. The SC, PD, affirmed. The Court of Appeals, reversed. The U.S. SC granted certiorari and reversed III. Facts of the case a. Acts by government officials: In 1978 state trooper Douglas Nicot was driving an unmarked patrol car and was passed by another vehicle going in an excessive rate of speed. Nicot overtook the vehicle and ordered it to pull off to the side of the road. The trooper smelt burnt marijuana and saw a envelope on the floor marked “super gold” that he associated with marijuana. He took the 4 men out of the car and separated them so they
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Unformatted text preview: could not touch each other and patted them down. Then he picked up the envelope and saw it contained marijuana. He then read the men their rights and then searched the car where he found Belton’s jacket with cocaine in it. b. The arrest of the four men gave him the right to search the vehicle IV. Legal Question: Did the officer act constitutionally when he obtained the cocaine from Belton’s jacket a. Trooper Nicot b. He searched the car after arresting and reading the rights to the four occupants on the car c. The 4 th and 14th amendments V. Opinion The arrest was lawful and the jacket that was located in the vehicle was determined to be within the immediate control of the arrestee at the time of the stop. VI. Judgment: Reversed...
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This note was uploaded on 04/17/2008 for the course CRJ 205 taught by Professor Neilson during the Spring '08 term at Ivy Tech Community College.

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