People v. Marsh, 20 N.Y.2d 98 (1967)
A warrantless search of a vehicle is not justified as incident to an arrest when the arrestee is secured away from the vehicle, and there is no reasonable belief that the vehicle contains fruits, instrumentalities, contraband, or evidence related to the crime for which the arrest was made.
Summary
Marsh was convicted of felony weapon possession after the denial of his motion to suppress a loaded revolver found in his car. An officer arrested Marsh based on an outstanding warrant for receiving stolen property. After securing Marsh inside a police station, the officer searched Marsh’s car, discovering the weapon. The New York Court of Appeals reversed the conviction, holding that the search was not a valid search incident to arrest because it was not contemporaneous with the arrest and there was no probable cause to believe the car contained evidence related to the crime for which Marsh was arrested. The Court emphasized that once Marsh was secured inside the station, there was no risk he could access any weapons in the car.
Facts
Patrolman Beedenbender, while directing traffic, recognized Marsh, a driver with Virginia license plates, from a prior narcotics arrest (later dismissed). The officer was aware of an outstanding warrant for Marsh’s arrest from February 1, 1965, related to a charge under Penal Law §1308. Beedenbender followed Marsh, requested him to park near the 30th precinct, and inspected Marsh’s license and registration, finding them in order. He then took Marsh inside to confirm the warrant’s validity. Upon confirmation, Marsh was arrested. Ten minutes after the arrest and while Marsh was inside the station, the officer searched Marsh’s vehicle, finding a loaded .45 caliber revolver under the driver’s seat. Marsh and his passengers were then arrested for weapon possession.
Procedural History
The trial court denied Marsh’s motion to suppress the weapon. The Appellate Division affirmed the conviction, finding sufficient unity of time and place between the arrest and search. The District Attorney conceded error on appeal to the Court of Appeals, but the Court considered the merits. The New York Court of Appeals reversed the Appellate Division’s decision, dismissing the indictment.
Issue(s)
Whether a warrantless search of a vehicle, conducted after the driver has been arrested, secured inside a police station, and where there is no reasonable belief that the vehicle contains evidence related to the crime for which the driver was arrested, is a valid search incident to arrest under the Fourth Amendment?
Holding
No, because the search was not contemporaneous with the arrest, and there was no reasonable belief that the vehicle contained evidence related to the crime for which the driver was arrested. The Court emphasized that “[o]nce an accused is under arrest and in custody, then a search made at another place, without a warrant, is simply not incident to the arrest.”
Court’s Reasoning
The Court relied heavily on Preston v. United States, 376 U.S. 364 (1964), which held that a search of a vehicle is not incident to arrest if it is remote in time or place from the arrest. The Court reasoned that the justifications for a search incident to arrest—officer safety and preventing the destruction of evidence—are absent when the arrestee is secured away from the vehicle. In this case, once Marsh was inside the station, there was no danger he could use a weapon from the car. The Court acknowledged the exceptions to the warrant requirement for vehicle searches, particularly where securing a warrant is impractical due to the vehicle’s mobility, as articulated in Carroll v. United States, 267 U.S. 132 (1925). However, the Court emphasized that even in such cases, a reasonable belief that the search will produce fruits, instrumentalities, contraband, or evidence is required. Here, the outstanding warrant for receiving stolen property, issued almost three years prior, did not provide a sufficient basis for a reasonable belief that a search of the vehicle would be productive. The Court distinguished this case from others where vehicle searches were upheld, noting that in those cases, the car itself was seized as an instrumentality or evidence of the crime. The Court stated, “Rather it is the lack of any justification to make the search after the 10 minutes had elapsed which brings about the result herein.”