Preston v. United States

In Preston v. United States, 376 U.S. 364 (1964), the petitioner and three other men sat parked in a motor vehicle in a business district under suspicious circumstances. 376 U.S. at 365. The men were arrested for vagrancy. Id. The petitioner and his cohorts were searched at the time of their arrest but the car was not. Id. Instead the car was driven by a police officer to the station house and from there it was towed to a garage where it was searched "soon after the men had been booked at the station. . . ." Id. In the car, the police found, among other things, two loaded revolvers, women's stockings (one with mouth and eye holes) and an "illegally manufactured license plate equipped to be snapped over another plate. . . ." 376 U.S. at 365-66. The issue in Preston was whether the search of the vehicle was lawful. 376 U.S. at 366-67. In Preston, it was argued that the search was "incidental to a lawful arrest." 376 U.S. at 367. The Supreme Court held that it was not a lawful search and explained: Unquestionably, when a person is lawfully arrested, the police have the right, without a search warrant, to make a contemporaneous search of the person of the accused for weapons or for the fruits of or implements used to commit the crime. This right to search and seize without a search warrant extends to things under the accused's immediate control, and, to an extent depending on the circumstances of the case, to the place where he is arrested. The rule allowing contemporaneous searches is justified, for example, by the need to seize weapons and other things which might be used to assault an officer or effect an escape, as well as by the need to prevent the destruction of evidence of the crime - things which might easily happen where the weapon or evidence is on the accused's person or under his immediate control. But these justifications are absent where a search is remote in time or place from the arrest. Once 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. Here, we may assume, as the Government urges, that, either because the arrests were valid or because the police had probable cause to think the car stolen, the police had the right to search the car when they first came on the scene. But this does not decide the question of the reasonableness of a search at a later time and at another place. The search of the car was not undertaken until petitioner and his companions had been arrested and taken in custody to the police station and the car had been towed to the garage. At this point there was no danger that any of the men arrested could have used any weapons in the car or could have destroyed any evidence of a crime - assuming that there are articles which can be the "fruits" or "implements" of the crime of vagrancy. Nor, since the men were under arrest at the police station and the car was in police custody at a garage, was there any danger that the car would be moved out of the locality or jurisdiction. We think that the search was too remote in time or place to have been made as incidental to the arrest and conclude, therefore, that the search of the car without a warrant failed to meet the test of reasonableness under the Fourth Amendment, rendering the evidence obtained as a result of the search inadmissible. (376 U.S. at 367-68.)