United States v. Hensley

In United States v. Hensley (1986), 469 U.S. 221, 105 S.Ct. 675, 83 L.Ed.2d 604, the United States Supreme Court focused primarily on whether the police were authorized, under Terry, to stop and briefly detain an individual who was the subject of a "wanted flyer." However, upon concluding that the initial stop of Hensley was lawful, the Court discussed the remainder of the encounter, concluding, among other things, that the search of the vehicle incident to Hensley's passenger's arrest was lawful. The Court stated: "When the Covington officers stopped Hensley, they were authorized to take such steps as were reasonably necessary to protect their personal safety and to maintain the status quo during the course of the stop. The Covington officers' conduct was well within the permissible range in the context of suspects who are reported to be armed and dangerous. See Michigan v. Long, 463 U.S. 1032, 1049-1050, 103 S.Ct. 3469, 3480-3481, 77 L.Ed.2d 1201 (1983); Pennsylvania v. Mimms, 434 U.S. 106, 110-111, 98 S.Ct. 330, 333-334, 54 L.Ed.2d 331 (1977) (per curiam). Having stopped Hensley, the Covington police were entitled to seize evidence revealed in plain view in the course of the lawful stop, to arrest Hensley's passenger when evidence discovered in plain view gave probable cause to believe the passenger had committed a crime, Texas v. Brown, 460 U.S. 730, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983) (plurality opinion), and subsequently to search the passenger compartment of the car because it was within the passenger's immediate control. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). Finally, having discovered additional weapons in Hensley's car during the course of a lawful search, the Covington officers had probable cause to arrest Hensley himself for possession of firearms." Hensley, 469 U.S. at 235-36.