Upon learning that the needle was used for drugs, the officer searched the car and Haughton’s purse, where he found more drug paraphernalia. 1994 WY 26. A passenger in a private automobile traveling along the street is not equivalent to a "mere visitor or passerby" because, among other things, he has chosen to engage in a common endeavor with the driver and any other passengers, knowing that he cannot simply walk away whenever he chooses, as could a visitor or passerby from fixed premises. Tuesday, January 12, 1999 . 138-142. Searches of those places, however, involve different considerations than searches of automobiles stopped in transit, and the analysis of those cases does not apply here. 2. And in that circumstance, said the Court, "the motivation of a passenger to employ violence to prevent apprehension of such a crime is every bit as great as that of the driver." The State of Wyoming. The Court has offered two justification for what has come to be known as the "automobile exception" to the search warrant requirement: the "ready mobility" of automobiles, which can cause any "opportunity to search [to be] fleeting," and the "lesser expectation of privacy" that exists in an automobile, as a result of "the pervasive regulation of vehicles capable of traveling on the public highways." 1983 after Linda Gelok was injured after being left … STATEMENT After trial in Wyoming district court, respondent Sandra Houghton was convicted of felony possession of methamphetamine, in violation of Wyoming Statutes Annotated § 35-7-1031(c)(iii) (Michie 1996). The court reasoned that the officer in this case knew, or should have known, that respondent's container did not belong to the male driver of the car, simply because the container was a "lady's purse" and "men do not carry purses." Could they have put something in that purse? The State of Wyoming charged respondent with felony possession of methamphetamine in a liquid amount greater than three-tenths of a gram. 1993); People v. Prance, 226 Cal. And, even if a passenger is not aware of the presence of the object within the automobile, the object still could easily have been placed among his belongings. For example, in United States v. Ross, 456 U.S. 798 (1982), we were concerned with the interest of the driver in the integrity of his automobile, id., at 823, and we categorically rejected the notion that the scope of a warrantless search of a vehicle might be defined by the nature of the container in which the contraband is secreted, id., at 824. 10 A number of lower courts have so held. In Ross, while not presented with a situation involving an automobile with multiple occupants and thus multiple possible owners of any container, the Court stated a rule that "applies equally to all containers" in an automobile, whether a "paper bag" or a "locked attaché case," regardless of the extent to which the owner manifested an expectation of privacy in their contents. 3 There is particular reason to suppose that the occupants of a car are involved in a common illegal activity where-as in this case and many cases involving searches under the "automobile exception"-the evidence that provides the probable cause to search the car is within the plain view (or the plain smell) of all occupants. 1973) (warrant to search apartment for narcotics permitted search of visitor's purse, where purse was on table "resting separately from the person of its owner"). searches in Wyoming v. Houghton' by announcing that police officers who have probable cause to search a car may also inspect all parts of and containers in the vehicle, including passengers' belongings, that are capable of holding the object of the general search.5 Prior to Houghton, the desire was to prevent a situation at 460 (quoting Chimel v. California, 395 U.S. 752, 763 (1969)). \$\begingroup\$ Chiming in 10 years later, but no one has pointed out that physically, the 3dB point exists as the point were the reactive contribution to impedence matches the resistive contribution in voltage divider (e.g. Moreover, unlike the Court, I think it quite plain that the search of a passengers purse or briefcase involves an intrusion on privacy that may be just as serious as was the intrusion in Di Re. In Di Re, as here, the information prompting the search directly implicated the driver, not the passenger. Participants in a criminal conspiracy may have such expectations or interests, but the conspiracy itself neither adds to nor detracts from them). 7 (quoting United States v. Ross, 456 U.S. 798, 823 (1982)). As a practical matter, when the car is stopped, all of its occupants are detained, the passengers as well as the driver. The Court instead ruled that the probable-cause standard struck the proper balance in cases involving a search of persons for evidence. The region acquired the name Wyoming by 1865, when Representative James Mitchell Ashley of Ohio introduced a bill to Congress to provide a "temporary government for the territory of Wyoming". Moreover, a rule requiring a warrant or individualized probable cause to search passenger belongings is every bit as simple as the Courts rule; it simply protects more privacy. As the Court recognized, the "critical element in a reasonable search is not that the owner of the property is suspected of crime but that there is reasonable cause to believe that the specific 'things' to be searched for and seized are located on the property to which entry is sought." at 17-18. Ct. App. The holding of Di Re does not assist respondent in this case. See, e.g., Maryland v. Wilson, 519 U.S. 408 (1997) (passengers, as well as the driver, may be required to exit a car during a traffic stop). Facts of the case. The Wyoming Supreme Court did not consider the special characteristics of automobile travel in concluding that the police could not search a passenger's property unless they had probable cause to arrest the passenger. And the police would often have little assurance, given the fact-specific nature of the inquiry, that a court would reach the same conclusion that they had reached at the time of the traffic stop. He opened the purse and removed a wallet, which contained Houghton's driver's license. See Wyo. Houghton’s motion to suppress was denied and she was convicted. Pet. That is true whether he is a driver or a passenger. Officer Baldwin then noticed fresh needle track marks on Houghton's arms. Pet. The probable cause for a search often arises at a time when all occupants are present, thus making it all the more plausible to suspect that the occupants may be involved in joint criminal activity. Belton, 453 U.S. at 460. 98‑184. App. 1991); see also United States v. Vaughan, 718 F.2d 332, 334 (9th Cir. The above‑entitled matter came on for oral argument before the Supreme Court of the United States at 11:06 a.m. 98-184) [hereinafter Respondent's Brief]: During the suppression hearing, "the officer admitted that he had no probable cause to search Ms. Houghton and that men do not usually carry purses." There is no basis for creating an exception to that rule for those containers that are claimed by passengers whom the police do not have probable cause to arrest for a crime. Today, instead of adhering to the settled distinction between drivers and passengers, the Court fashions a new rule that is based on a distinction between property contained in clothing worn by a passenger and property contained in a passengers briefcase or purse. Wyoming v. Houghton, which came before the Supreme Court as a matter of first impression: what are the rights of a passenger in an automobile, when there is probable cause to search the car? The State sought review of that ruling by the United State Supreme Court, which held that the search did not violate the Fourth Amendment and reversed our holding. The possession of probable cause to believe that the automobile contains evidence of a crime is sufficient to justify the search. In this case, for example, respondent initially told the officer that she did not have any identification with her, perhaps in an attempt to deceive the officer as to her ownership of the purse that she had left behind in the car. Wyoming Guardianship Corp. v. Wyoming State Hospital Date: October 11, 2018 Citation: 2018 WY 114 Docket Number: S-18-0087 Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court’s dismissal of Plaintiff’s complaint alleging negligence and violations of 42 U.S.C. 1683 (1999). The Rationale Of Ross Applies To All Containers In A Car That Could Conceal The Object Of The Search, Regardless Of Who Owns The Container The Court held in Ross that the permissible "scope of a warrantless search based on probable cause is no narrower-and no broader-than the scope of a search authorized by a warrant supported by probable cause." The Wyoming Supreme Court's guidelines also fail adequately to address the possibility, discussed above, that one occupant of a car may have secreted the contraband in another occupant's bag, with or without his consent. Argued January 12, 1999—Decided April 5, 1999 During a routine traffic stop, a Wyoming Highway Patrol officer noticed a hypodermic syringe in the driver’s shirt pocket, which the driver ad-mitted using to take drugs. (202) 514-2203. The police may stop a car if they have probable cause to believe that a traffic violation has occurred, Whren v. United States, 517 U.S. 806 (1996), or reasonable suspicion that the driver has committed a crime, United States v. Hensley, 469 U.S. 221 (1985). It instead relied principally on Ybarra v. Illinois, 444 U.S. 85 (1979), which involved a search of a tavern patron based on a warrant to search the tavern.6 In Ybarra, the Court held that the warrant itself did not authorize a search of the tavern patron, id. Supreme Court of Wyoming. Houghton was charged with one count of possession of methamphetamine in a liquid amount greater than three-tenths of a gram, in violation of Wyoming Statutes Annotated § 35-7-1031(c)(iii) (Michie 1996). In all of our prior cases applying the automobile exception to the Fourth Amendments warrant requirement, either the defendant was the operator of the vehicle and in custody of the object of the search, or no question was raised as to the defendants ownership or custody.1 In the only automobile case confronting the search of a passenger defendantUnited States v. Di Re, 332 U.S. 581 (1948)the Court held that the exception to the warrant requirement did not apply. After Wyoming's highest court decided that a state highway patrolman unlawfully searched Sandra Houghton's purse, the State of Wyoming petitioned for a writ of certiorari. 3-4; J.A. Elizabeth Prelogar The Court explained that it would be "absurd" to allow the police to conduct a thorough search of the automobile itself-even ripping open its upholstery, as they did in Carroll-but to disallow searches of closed compartments and containers, which are the most common places for contraband to be secreted within an automobile. APA citation style: Scalia, A. Arizona v. Hicks, 480 U.S. 321, 329 (1987); Mincey v. Arizona, 437 U.S. 385, 393 (1978). Vanessa McQueery. 18. J.A. She was sentenced to a term of imprisonment of not less than two years or more than three years. at 821, a warrantless search of a vehicle based on probable cause may be equally broad, extending to "every part of the vehicle and its contents that may conceal the object of the search," id. Surgery Winston v. Lee 9. The state of Wyoming won this case against Sandra HUghton. See L. May, In the Bag, Atlanta Const., Jan. 15, 1995, at L1; see also W. Brown, Delta to Count Laptops as Carry-Ons, Wash. Post, Mar. Ironically, while we concluded in Ross that [p]robable cause to believe that a container placed in the trunk of a taxi contains contraband or evidence does not justify a search of the entire cab, ibid., the rule the Court fashions would apparently permit a warrantless search of a passengers briefcase if there is probable cause to believe the taxidriver had a syringe somewhere in his vehicle. Share sensitive information only on official, secure websites. A person may often be able to gain entry to such a container without its owner's knowledge or consent-for example, under the dark of night, while the owner is driving, sleeping, or distracted by other activities, or during rest stops when the owner leaves the container behind in the car.4 Or the person may gain entry to the container with the owner's permission under the guise, for example, of extracting a tissue, a stick of chewing gum, or coins to pay a toll.5 An occupant of a car that is in the process of being stopped by the police may also find that a purse of another occupant is an inviting place in which to try to hide contraband. The police may thus search "every part of the vehicle and its contents that may conceal the object of the search," including "compartments and containers within the vehicle whose contents are not in plain view." The police also may order the passengers, as well as the driver, to leave the car in order to observe them more carefully. The Wyoming Supreme Court reversed the conviction. 8-15. The majority believed that no such opportunity existed because, once the car had been stopped, the interior of the car was illuminated and the passengers were constantly under the observation of an officer. 3. The United States has a significant law-enforcement interest in assuring that the rule of United States v. Ross, 456 U.S. 798 (1982), which provides that police officers who have probable cause to search a motor vehicle may search all containers within the vehicle that could conceal the object of the search, is not undermined by the sorts of distinctions drawn by the court below concerning the ownership of such containers. Rather, the case involves the submission that, under Ross, when officers have probable cause to search containers in a car, their right to search is not limited to containers owned by particular persons. Houghton.) 1986) (officers who had probable cause to search truck for guns, based on information that driver and male passenger had threatened persons with guns, could search female passenger's purse). 2; J.A. In the Supreme Court of the United States OCTOBER TERM, 1998 No. Instead of applying ordinary Fourth Amendment principles to this case, the majority extends the automobile warrant exception to allow searches of passenger belongings based on the drivers misconduct. The Court thus implicitly recognized that, when evidence of a crime exists in an automobile, the passengers and the driver may well be involved in that crime together.3 Second, within the close confines of the passenger compartment of a car, one person has easy access to a traveling companion's purse, packages, and other containers. App. Even when a passenger is unaware that the driver (or another passenger) has brought narcotics into the car in which they are traveling, the possibility thus remains that the narcotics have been placed among that passenger's belongings. Carroll v. United States, 267 U.S. 132, 153 (1925), at the very least the trooper in this case had to have probable cause to believe that her purse contained contraband. WYOMING v. HOUGHTON certiorari to the supreme court of wyoming No. She stated that she had given a false name "in case things went bad." The application of the rule of Ross to all containers found in an automobile, without any exception based on their ownership, is consistent with the Court's decisions on Fourth Amendment rights in the automobile context. The brown bag also held additional syringes, razor blades, and other drug paraphernalia. Neither the precedent cited by the Court, nor the majoritys opinion in this case, mandate that approach. He opened the brown bag to find a syringe that contained an estimated 60 cubic centimeters of liquid, which field-tested positive for methamphetamine. 1. Id. at 143. ARGUMENT POLICE OFFICERS WHO HAVE PROBABLE CAUSE TO SEARCH AN AUTOMOBILE FOR EVIDENCE OF A CRIME MAY OPEN ANY CONTAINER IN THE AUTOMOBILE THAT COULD CONCEAL THAT EVIDENCE, WITHOUT REGARD TO WHICH OCCUPANT OF THE AUTOMOBILE OWNS THE CONTAINER The Fourth Amendment to the United States Constitution protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." 3d 1525, 1533 (Ct. App. The Court has upheld police practices that necessarily intrude on the interests of automobile passengers to be free from searches and seizures, without regard to whether probable cause (or reasonable suspicion) exists to believe that the passengers themselves are involved in any offense. Ante, at 710. Pet. Ante, at 8. United States v. Ross, 456 U.S. 798, 800, 825 (1982); accord United States v. Johns, 469 U.S. 478, 479-480 (1985) ("if police officers have probable cause to search a lawfully stopped vehicle, they may conduct a warrantless search of any containers found inside that may conceal the object of the search"); California v. Acevedo, 500 U.S. 565, 570 (1991) (the rule authorizing warrantless searches of containers in cars applies whether the probable cause is focused on the car as a whole or on a particular container in the car). Lisa K. Coleman, California v. Acevedo: The Erosion of the Fourth Amendment Right To Be Free From Unreasonable Searches, 22 MEMPHIS ST. ... Wyoming . L. REv. 8 The leather "men's carryall," essentially a male purse, is commonly carried by European men, but less commonly by American men. Ybarra is not applicable here. Facts of the case. Campbell County Memorial Hospital and Campbell County Hospital District, Appellants (Defendants), Ross, 456 U.S. at 818-819. 332 U.S. at 587 ("We are not convinced that a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise be entitled."). We thus disapproved of a possible container-based distinction between a mans pocket and a womans pocketbook. See, e.g., New Jersey v. T. L. O., 469 U.S. 325, 339 (1985); Ex parte Jackson, 96 U.S. 727, 733 (1878). Learn about Houghton International's global presence including location of our worldwide headquarters, manufacturing plants, laboratories and our partners. The application of Ross to permit searches of any containers found in a private automobile, regardless of the ownership of the containers, is consistent with those understandings and with the legal rules that have derived from them. An official website of the United States government. 98-184 WYOMING, PETITIONER v. SANDRA HOUGHTON ON WRIT OF CERTIORARI TO THE SUPREME COURT OF WYOMING BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONER INTEREST OF THE UNITED STATES This case presents the question whether the Fourth Amendment permits police officers who have probable cause to search a car for evidence of a crime to open any container in the car that could hold such evidence, even if the container may belong to a passenger whom the police officers do not have probable cause to arrest for a crime. App. See Michigan v. Summers, 452 U.S. 692, 694-695 (1981) (noting the State's argument that a warrant authorizes a search of persons found at the location to be searched but not resolving the issue). Even more pertinent to this case, when police officers arrest any occupant of the car for a criminal offense, they may search the entire passenger compartment of the car incident to the arrest. In Ross, the Court concluded that the drawing of "nice distinctions" among the containers found in an automobile, based in that case on whether the owner had evinced a reasonable expectation of privacy in their contents, would be antithetical to the Fourth Amendment and to the needs of "prompt and efficient" law enforcement. He arrested Houghton for possession of a controlled substance. Id. Wyoming v. Houghton, 526 U.S. 295 (1999), is a United States Supreme Court case which held that absent exigency, the warrantless search of a passenger's container capable of holding the object of a search for which there is probable cause is not a violation of the Fourth Amendment to the United States Constitution, because it is justified under the automobile exception as an … See Wyo. The mere fact that one passenger owns a particular container does not, therefore, justify an assumption that only that passenger's property can be found in the container. Decided: 03/14/1994. 269-270. 18. 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Thomas, 818 S.W.2d 350, 359 ( Tenn. Crim v.... 818 S.W.2d 350, 359 ( Tenn. Crim in several historical civilizations three reasons cubic of... Quoting Chimel v. California, 395 U.S. 752, 763 ( 1969 ) ) F.2d 49, (! That virtue is insufficient justification for its adoption be a witting or unwitting of. The second passenger were allowed to go girl ; the other three occupants of the car occupants ' assertions. [ was respondent 's counsel ) ( `` did they prove the other occupants... Probable cause to believe that the probable-cause standard struck the proper balance in cases involving a of... ' own assertions as to which of them owns a particular container jury found Houghton guilty of the possession... Asked Young why he was carrying the syringe, Young replied that he did not of... The Solicitor General ( 202 ) 514-2203 relied on cases involving a search of for. Contemporary privacy and governmental interests at issue in cases involving a search of persons for evidence syringe in Young shirt... 800, 825 ( 1982 ) ) ; State v. Moore, 619 so Hospital and campbell Memorial... Young and the second passenger were allowed to go term of imprisonment of not less than two or... Brown bag also held additional syringes, razor blades, and other drug paraphernalia contained... ( 1986 ) limitation on Ross, 909 F.2d 442 ( 11th Cir share sensitive only! Replied that he did not have any identification with her Houghton 7 decision to adopt the Houghton to! 1999 Decided: April 5, 1999 Baldwin observed a hypodermic syringe in Young 's shirt.! Standard struck the proper balance in cases of this nature decisions under the Fourth While... Erroneously interpreted the historical evidence behind the creation of the United States v. Johnson, 475 106! To go formal boasts also serve as an important affirmation of … Houghton v. State, 956 P.2d (! This case against Sandra HUghton People v. Prance, 226 Cal womans pocketbook at (... Term of imprisonment of not less than two years or more than years... Is sufficient to justify the search ( quoting United States, 267 U.S.,!, 823 ( 1982 ) ) 928 F.2d 203 ( 6th Cir 460 ( quoting States! 718 F.2d 332, 334 ( 9th Cir 265 ( closing argument of respondent trial! That contained an estimated 60 cubic centimeters of liquid, which contained Houghton 's driver 's license cubic... Dictated by precedent 35 HOUS to go ' own assertions as to of! As Chief Executive officer of more than three years 's driver 's license U.S. at 824 Young! Wallet, which field-tested positive for methamphetamine expectations or interests, but the conspiracy itself neither to. Distinctions are without support in this case government organization in the front.. He is in a less suspicious place rule permitting a warrantless search of a car,... ( iii ) ( iii ) ( `` did they prove the other syringe [ was 's... Approach to the automobile warrant exception is problematic for three reasons ( plurality opinion.! The jury found Houghton guilty of the car and to provide identification trial testimony ) id.! Respondent in this case, mandate that approach to adopt the Houghton approach to the Fourth Amendment While Driving car.
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