United States v. Robinson

Facts

On April 23, 1968, at about 11 p.m., Officer Richard Jenks, a 15-year veteran of the District of Columbia police, saw Robinson driving a 1965 Cadillac. Four days earlier, Jenks had checked Robinson's operator's permit. His investigation after that check gave him reason to believe Robinson was driving after his permit had been revoked. That offense carried a mandatory minimum jail term, a mandatory minimum fine, or both. Jenks signaled Robinson to stop, and Robinson did. Jenks told him he was under arrest. Robinson conceded that Jenks had probable cause and made a full-custody arrest, meaning Robinson would be taken to a police facility for booking. Following police department procedures, Jenks searched him. Face to face, Jenks patted him down and felt an object in the left breast pocket of his heavy coat. He could not tell what it was. He reached in and pulled out a crumpled cigarette package. He could feel objects inside and knew they were not cigarettes. He opened the package and found 14 gelatin capsules of white powder, later shown to be heroin. The Government conceded that Jenks was not motivated by a feeling of imminent danger and was not specifically looking for weapons.

Issues

1. After a lawful, full-custody arrest for driving after revocation of a permit, may an officer fully search the arrestee's person, or is he limited to a Terry-type frisk for weapons?
2. Must a court decide, case by case, whether the reasons behind a search incident to arrest (disarming the suspect or finding evidence) were actually present?

Holding

Robinson's lawful custodial arrest for driving after revocation authorized a full search of his person. Jenks's removal and opening of the cigarette package, and his seizure of the heroin, were permissible. It did not matter that Jenks had no subjective fear or suspicion that Robinson was armed.