Case: Knowles v. Iowa
Issue: Whether issuing a citation rather than arresting a person authorizes an officer to conduct a full search of a car pursuant to the Fourth Amendment. Specifically, does the United States v. Robinson "search incident to arrest" exception apply when an officer chooses to issue a citation rather than make an arrest?
Facts: An Iowa police officer stopped Knowles for driving 43 MPH in a 25 MPH zone. The officer issued Knowles a speeding citation, although under Iowa law he could have arrested him. The officer then conducted a full search of the car, found a bag of marijuana and a "pot pipe," and arrested and charged Knowles with violation of state controlled substances laws.
Iowa law provides that officers with cause to believe a person has violated any traffic or motor vehicle law (or any other bailable offense) may either arrest that person, issue a citation, or issue a citation after an initial arrest. The Iowa Code further provides that choosing to issue a citation in lieu of arrest "does not affect the officer's authority to conduct an otherwise lawful search." The Iowa Supreme Court interpreted that provision as creating a bright-line "search incident to citation" exception to the Fourth Amendment's warrant requirement. The Iowa Court explained that so long as the arresting officer had probable cause to make a custodial arrest, there need not actually have been a custodial arrest.
Holding: Police officers may not conduct a search incident to the issuance of a citation even when authorized by state law, and even when the officer could have made an arrest. Such a "search incident to citation" violates the Fourth Amendment's warrant requirement and is an inappropriate extension of the "search incident to arrest" exception created in United States v. Robinson, 414 U.S. 218 (1973).
Reasoning: Writing for a unanimous Court, Chief Justice Rehnquist explained that the Supreme Court created the "search incident to arrest" exception in Robinson to address an officer's need to disarm suspects in order to safely take them into custody and to preserve evidence for use at trial. The Court rejected Iowa's extension of this exception from arrests to citations. First, issuing a citation does not create a similar danger to officers, as it does not involve the same extended exposure to the suspect, stress and uncertainty. Second, there is no need to discover and preserve evidence because once the citation is issued, no other evidence of excessive speed is necessary to prosecute that offense, nor will any be found on the driver or in the car. Further, even if there were evidence to protect, a person is less likely to take immediate steps to destroy incriminating evidence when there is no formal arrest.
Other Opinions: None.
Comment: Knowles did not contend that the Iowa law, which permitted issuance of a citation for most bailable offenses including second degree burglary and first degree theft, could never be constitutionally applied. He argued that "[b]ecause the officer had no probable cause and no search warrant, and the search cannot otherwise be justified under the Fourth Amendment, the search of the car was unconstitutional."