Arrested for driving on a suspended license — and the officer opens a crumpled cigarette pack from your coat pocket. Legal? U.S. v. Robinson says yes, and the reason matters.
What did U.S. v. Robinson decide?
A lawful custodial arrest, by itself, authorizes a full search of the arrestee’s person — pockets and containers on the person included. No separate probability of weapons or evidence is required; the authority flows from the arrest itself.
U.S. v. Robinson, 414 U.S. 218 (1973) — read the opinion on CourtListener.
What does U.S. v. Robinson allow?
- A full search of the person on any lawful custodial arrest
- Opening containers found on the person (the cigarette pack in Robinson itself)
What does it NOT allow?
- It turns on a custodial arrest — cite-and-release creates no automatic search (Knowles v. Iowa)
- It does not reach the digital contents of a cell phone (Riley v. California)
- It is not a vehicle-search rule — the car is governed by Arizona v. Gant
How it plays out on the street
Robinson and Knowles are two halves of one rule: custody unlocks the full person search; a citation unlocks nothing. The arrest decision, not the offense, is what carries the search power.
Frequently asked questions
Can police search everything in your pockets after an arrest?
Yes. Under U.S. v. Robinson, a lawful custodial arrest authorizes a full search of the person, including containers found in pockets.
Does getting a ticket allow police to search you?
No. Knowles v. Iowa holds that cite-and-release carries no automatic search authority.
Can they search a phone found during the arrest?
They can seize it, but under Riley v. California searching its data generally requires a warrant.
Related cases
- Riley v. California (2014): Can Police Search Your Phone After an Arrest?
- Arizona v. Gant (2009): Can Police Search Your Car After You’re Arrested?
- Maryland v. Wilson (1997): Can Police Order Passengers Out of the Car?
Carry the rule, not the guesswork. Every case in StreetSense is broken down like this — bottom line, limits, and the exact citation — verified against the real opinion and available fully offline on shift. Start the free trial.
StreetSense is an educational reference for law enforcement, not legal advice. Federal cases set the floor — your state constitution, statutes, and department policy can impose stricter limits. Always follow your state’s rule and your agency’s policy.