Michigan v. Long

In Michigan v. Long, 463 U.S. 1032 (1983), police officers on patrol in a rural area observed a car traveling erratically swerve into a roadside ditch. When they stopped to investigate, Long, the only occupant of the car met them at the rear of his car. When Long, who appeared under the influence of something, turned and began walking toward the open driver's side door of his car, the officers followed and observed a large hunting knife on the driver's side floorboard. The officers patted down Long, finding no weapons. They then shined a flashlight into the vehicle and saw something protruding from the front armrest. The officer lifted the armrest and saw a pouch of marijuana in plain view. The supreme court granted review to consider the authority of a police officer to protect himself by conducting a Terry -type search of the passenger compartment of a motor vehicle during the investigating stop of an occupant of the vehicle. The United State's Supreme Court extended the Terry protective search rule to allow a protective search of a passenger compartment of a vehicle when the officer reasonably believed that the occupant was dangerous and could gain immediate control of a weapon. See Long, 463 U.S. at 1049. In so doing, the supreme court noted that the justification for a protective search of a vehicle is not taken away merely because the police officer currently has the suspect's movement under control. See Long, 463 U.S. at 1051-52. A Terry stop places an officer in close range to a suspect, without the protections that are normally available when a suspect is under full custodial arrest. Long, 463 U.S. at 1052. A suspect may try to retrieve a weapon from his clothing or try to break away from the police officer's control and retrieve a weapon from his vehicle. Long, 463 U.S. at 1051. In addition, if the suspect is not arrested, he may return to his vehicle and may gain access to any weapon located inside. Long, 463 U.S. at 1051-52. Under those circumstances, an officer will be allowed to take reasonable steps to protect his or her safety and the safety of others. See Long, 463 U.S. at 1052. As with all protective searches allowed under Terry, a protective search of a passenger compartment of a vehicle is limited to those areas where a weapon could be placed or hidden. Long, 463 U.S. at 1052. The United States Supreme Court held that an officer effecting a traffic stop of a vehicle could constitutionally search portions of the passenger compartment of the vehicle, without a warrant, in certain circumstances. The high court said: "Our past cases indicate then that protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger, that roadside encounters between police and suspects are especially hazardous, and that danger may arise from the possible presence of weapons in the area surrounding a suspect. These principles compel our conclusion that the search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief based on 'specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant' the officer in believing that the suspect is dangerous and the suspect may gain immediate control of weapons." (Id. at p. 1049.) In upholding the frisk of the front seat, Justice O'Connor wrote as follows: "The circumstances of this case clearly justified Deputies Howell and Lewis in their reasonable belief that Long posed a danger if he were permitted to reenter his vehicle. The hour was late and the area rural. Long was driving his automobile at excessive speed, and his car swerved into a ditch. The officers had to repeat their questions to Long, who appeared to be 'under the influence' of some intoxicant. Long was not frisked until the officers observed that there was a large knife in the interior of the car into which Long was about to reenter. The subsequent search of the car was restricted to those areas to which Long would generally have immediate control, and that could contain a weapon. The trial court determined that the leather pouch containing marihuana could have contained a weapon. It is clear that the intrusion was 'strictly circumscribed by the exigencies which justified its initiation.' "In this case, the officers did not act unreasonably in taking preventive measures to ensure that there were no other weapons within Long's immediate grasp before permitting him to reenter his automobile. Therefore, the balancing required by Terry clearly weighs in favor of allowing the police to conduct an area search of the passenger compartment to uncover weapons, as long as they possess an articulable and objectively reasonable belief that the suspect is potentially dangerous. "Just as a Terry suspect on the street may, despite being under the brief control of a police officer, reach into his clothing and retrieve a weapon, so might a Terry suspect in Long's position break away from police control and retrieve a weapon from his automobile. In addition, if the suspect is not placed under arrest, he will be permitted to reenter his automobile, and he will then have access to any weapons inside. Or, as here, the suspect may be permitted to reenter the vehicle before the Terry investigation is over, and again, may have access to weapons. In any event, we stress that a Terry investigation, such as the one that occurred here, involves a police investigation 'at close range,' when the officer remains particularly vulnerable in part because a full custodial arrest has not been effected, and the officer must make a 'quick decision as to how to protect himself and others from possible danger .' In such circumstances, we have not required that officers adopt alternative means to ensure their safety in order to avoid the intrusion involved in a Terry encounter." In sum, two police officers, patrolling in a rural area after midnight, saw Long's speeding car travel erratically, then swerve off into a ditch. Long met the officers at the rear of his car, but failed to respond when asked for his driver's license and car registration. Long appeared to be under the influence. Eventually he turned and walked toward the open door of his vehicle. The officers followed and observed a large hunting knife on the floorboard next to the driver's seat. Although the weapon was legal, the officers immediately prevented Long from entering the car and conducted a patdown search, which revealed no weapons. One officer guarded Long while his partner looked in the car for more weapons. The search revealed an open pouch of marijuana on the front seat, and more contraband in the trunk. In upholding the search, the Supreme Court held: "The search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief based on 'specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant' the officer in believing that the suspect is dangerous and the suspect may gain immediate control of weapons." ( Michigan v. Long, supra, 463 U.S. at p. 1049.)