Written by attorneys · grounded in primary & secondary sources — see below
A person present in or recently occupying a vehicle or premises. The status triggers Fourth Amendment rules governing searches incident to arrest and probable cause for joint possession of contraband when no occupant claims ownership.
Orson Ochoa is arrested for driving with a suspended license and handcuffed in the back of a patrol car. Officers search the passenger compartment of his vehicle without any belief that evidence of the traffic offense is inside. The search violates the Fourth Amendment because Orson is secured and beyond reaching distance of the compartment.
Odin Obeng and two companions are stopped in a borrowed sedan. Officers find cocaine and cash in the center console. No occupant admits ownership. Officers arrest all three because the accessible location and valuable contents support probable cause that every occupant jointly possesses the contraband.
Select any source to read its text and confirm it supports the definition.
Orla O'Malley exits her parked car moments before officers lawfully arrest her for an outstanding warrant. The officers then search the passenger compartment for weapons or evidence of the arrest offense. The search is valid because Orla is a recent occupant and the compartment is within the scope of a lawful incident-to-arrest search.
Oskar Ocampo is arrested outside his vehicle and secured in a patrol car. Officers conduct a full passenger-compartment search under the former automatic rule. The search is invalid because the arrestee cannot access the vehicle and no evidence of the offense of arrest is reasonably believed to be inside.
Owen Oakes is arrested on an outstanding warrant after stepping out of his sedan. Officers handcuff him and place him in the patrol car. They then search the passenger compartment without any belief that evidence of the warrant offense is present. The search violates the Fourth Amendment because Owen is secured and beyond reaching distance.
Oscar Ortiz and two passengers are stopped in a borrowed car. Officers discover a scale and cash in the center console. No occupant claims ownership. Officers arrest all three because the accessible location and valuable contents support probable cause that every occupant jointly possesses the contraband.
Yes. Officers may search the passenger compartment incident to arrest when they first encounter the arrestee after he has exited the vehicle, provided the stop and arrest are lawful.
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When contraband such as drugs and cash is found in a vehicle and no occupant admits ownership, officers may have probable cause to believe any or all occupants jointly possess the contraband.
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Police may search the passenger compartment incident to arrest only if the arrestee is unsecured and within reaching distance or it is reasonable to believe the vehicle contains evidence of the offense of arrest.
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A weapon found in an automobile is presumed to be in the possession of the sole occupant or of all occupants unless the weapon is concealed in a glove compartment or trunk of a non-stolen vehicle.
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…death.[^maj-4] In early 1973, Mrs. Moore received a notice of violation from the city, stating that John was an "illegal occupant" and directing her to comply with the ordinance. When she failed to remove him from her home, the city filed a criminal charge. Mrs. Moore moved to dismiss, claiming that the ordinance was…