MOSLEY

v.

UNITED STATES

Citator

Cited By (13 total)

• Brown v. State, 24 So. 3d 671 (Fla. 5th DCA 2009)
  …Thornton, 541 U.S. at 632, 124 S.Ct. 2127 (Scalia, J., concurring). Justice Scalia cited Atwater v. City of Logo Vista, 532 U.S. 318, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001) (involving failure to wear seat-belt), and Knowles v. Iowa, 525 U.S. 113, 119 S.Ct. 484, 142 L.Ed.2d 492 (1998) (involving speeding), as examples of these types of cases. It is clear from this discussion that the “nature of the charge” is determinative of whether there exists a reasonable basis to search for evidence, not whether there…
• Smallwood v. State, 61 So. 3d 448 (Fla. 1st DCA 2011)
  …05 (2004)). The Court distinguished, “[i]n many cases, where a recent occupant is arrested for a traffic violation, there will be no reasonable basis to believe the vehicle contains relevant evidence.” Id. (citing Knowles v. Iowa, 525 U.S. 113, 118, 119 S.Ct. 484, 142 L.Ed.2d 492 (1998)). In contrast, “in others, including Belton and Thornton, the offense of arrest will supply a basis for searching the passenger compartment of an arrestee’s vehicle and any containers therein.” Id. In Gant, the defendant wa…

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• Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999)
  …cle would have been permissible, and the search could lawfully have extended to the passenger compartment and all containers inside. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). However, in Knowles v. Iowa, 525 U.S. 113, 119 S.Ct. 484, 142 L.Ed.2d 492 (1998), the United States Supreme Court held that the Fourth Amendment does not authorize a full automobile search “incident to citation.” In that case, an Iowa police officer stopped Knowles for speeding, and issued him a citation…

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Authorities Cited

• United States v. Green, 507 U.S. 545 (U.S. 1993)
• In re Sai, 523 U.S. 1019 (U.S. 1998)