Preston v. United States, 376 U.S. 364 (1964). · Go Syfert
Preston v. United States, 376 U.S. 364 (1964). Cases Citing This Book View Copy Cite
6,047 citation events (527 in the last 25 years) across 175 distinct courts.
Strongest positive: United States v. Terrance Baker (ca9, 2023-01-30) · Strongest negative: Preston v. State (mdctspecapp, 2001-11-01)
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964 1995 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" Preston v. State (3×) also: Cited as authority (rule)
Md. Ct. Spec. App. · 2001 · signal: but see · confidence high
But see Preston, 376 U.S. at 367 , 84 S.Ct. 881 (“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.”).
examined Cited "but see" United States v. Joseph A. Chadwick (6×)
1st Cir. · 1976 · signal: but see · confidence high
But see Preston v. United States, 376 U.S. 364, 367 , 84 S.Ct. 881, 883 , 11 L.Ed.2d 777, 780 (1964). 32 The district court found the Government's new theory unpersuasive.
discussed Cited as authority (verbatim quote) United States v. Terrance Baker
9th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) United States v. Braggs
2d Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.
examined Cited as authority (verbatim quote) Commonwealth v. Johnson (4×) also: Cited as authority (quoted)
Mass. · 2019 · signal: see · quote attribution · 4 verbatim quotes · confidence high
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
examined Cited as authority (verbatim quote) United States v. James Shields (3×) also: Cited as authority (quoted)
6th Cir. · 1992 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.
examined Cited as authority (quoted) United States v. Lambus (3×)
2d Cir. · 2018 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judge as if the search and seizure had been made by federal officers.
examined Cited as authority (quoted) United States v. Lambus (3×)
E.D.N.Y · 2017 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judge as if the search and seizure had been made by federal officers.
examined Cited as authority (quoted) State of Arizona v. Matthew Thomas Snyder (3×)
Ariz. Ct. App. · 2016 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
arrantless searches of luggage or other property seized at the time of an arrest cannot be justified as incident to that arrest either if the 'search is remote in time or place from the arrest,' ... or no exigency exists.
examined Cited as authority (quoted) United States v. Stanford Smith A/K/A Willie Ellis Eveleigh (6×)
2d Cir. · 1993 · signal: see also · quote attribution · 6 verbatim quotes · confidence low
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.
examined Cited as authority (quoted) United States v. Gerald Rowell, A/K/A \Jerry or Jerome (2×)
unknown court · 1990 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.
examined Cited as authority (quoted) United States v. Edmond (3×)
D.D.C. · 1989 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
the question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.
examined Cited as authority (quoted) People v. White (3×) also: Cited "see"
Mich. Ct. App. · 1976 · quote attribution · 1 verbatim quote · confidence low
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.
discussed Cited as authority (rule) State of Iowa v. Patrick Scullark
Iowa · 2025 · confidence medium
Preston v. United States, 376 U.S. 364, 367 (1964) (“This right to search and seize without a search warrant extends to things under the accused’s immediate control . . . .” 15 (citations omitted)).
discussed Cited as authority (rule) Ramsbottom v. Ashton
M.D. Tenn. · 2025 · confidence medium
Tenn. July 27, 2007) (“It has long been established that federal law, not state law, applies in determining the admissibility of evidence in federal court.” (citing Elkins v. United States, 364 U.S. 206 , 223–24 (1960); Preston v. United States, 376 U.S. 364, 366 (1964); United States v. Bennett, 170 F.3d 632, 635 (6th Cir. 1999)).
discussed Cited as authority (rule) Clark v. United States
W.D. Mich. · 2024 · confidence medium
“The question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.” Preston v. United States, 376 U.S. 364, 366 (1964).
cited Cited as authority (rule) Woods v. Berryhill
N.D. Miss. · 2024 · confidence medium
Preston v. U.S., 376 U.S. 364, 367 (1964).
discussed Cited as authority (rule) Commonwealth of Virginia v. Joseph Corcoran
Va. Ct. App. · 2024 · confidence medium
“But these justifications are absent where a search is remote in time or place from the arrest.” Kirby v. Commonwealth, 209 Va. 806, 809 (1969) (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) United States v. Jonathan Anderson
9th Cir. · 2024 · confidence medium
Development of the inventory-search exception began with the Supreme Court’s observation that “[c]ommon sense dictates . . . that questions involving searches of motorcars or other things readily moved cannot be treated as identical to questions arising out of searches of fixed structures like houses.” Preston v. United States, 376 U.S. 364, 366 (1964).
discussed Cited as authority (rule) United States v. Perez
1st Cir. · 2023 · confidence medium
The Court also held that although a warrantless search of the area of the home within the "immediate control" of the arrestee was reasonable if justified "by the need to seize weapons and other things which might be used to assault an officer or effect an escape" or "by the need to prevent the destruction of evidence of the crime," these "justifications are absent where a - 8 - search is remote in time or place from the arrest." Id. at 764 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Commonwealth of Kentucky v. William Bembury
Ky. · 2023 · confidence medium
Thus, “[t]he rule allowing contemporaneous searches is justified . . . 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.” Id. at 764 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Com. v. Davis, J.
Pa. Super. Ct. · 2021 · confidence medium
Detective Kelly was not at the scene during Defendant Davis' arrest and there was no evidence that any arresting officer obtained the IMEi in a search that occurred immediately after Defendant Davis' arrest. "[W]arrentless searches of luggage or other property seized at the time of an arrest cannot be justified as incident to that arrest ... if the 'search is remote in time or place from the arrest[.)"' United States v. Chadwick, 433 U.S. I, 15 (1977) (quoting Preston v. United States, 376 U.S. 364, 367 (1964)), abrogated on other grounds by California v. Acevedo, 500 U.S. 565 (1991).
discussed Cited as authority (rule) State of Iowa v. Brian De Arrie McGee (2×)
Iowa · 2021 · confidence medium
Hence, Findlay indicates that when the officer “reasonably believed he was confronted with an emergency, a situation in which the delay necessary to obtain a warrant threatened ‘the destruction of evidence,’ he can rightfully order the blood withdrawal and complete the test.” Id. at 742 , 145 N.W.2d at 656 (citation omitted) (quoting Preston v. United States, 376 U.S. 364, 367 , 84 S. Ct. 881, 883 (1964)).
discussed Cited as authority (rule) People v. Eubanks
Ill. · 2021 · confidence medium
Yet, it determined that the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant *** threatened ‘the destruction of evidence.’ ” Id. (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) People v. Eubanks
Ill. · 2019 · confidence medium
Yet, it determined that the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant *** threatened ‘the destruction of evidence.’ ” Id. (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Commonwealth v. Dennis
Mass. App. Ct. · 2019 · confidence medium
The Supreme Court concluded that the police officer in that case "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened 'the destruction of evidence,' Preston v. United 10 States, [ 376 U.S. 364, 367 (1964)].
discussed Cited as authority (rule) Cletus Greene v. State of Missouri
Mo. · 2019 · confidence medium
But warrantless searches of “personal property not immediately associated with the person of the arrestee” that is seized at the time of an arrest “cannot be justified as incident to that arrest either if the ‘search is remote in time or place from the arrest,’ or no exigency exists.” Chadwick, 433 U.S. at 15 (citation omitted) (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) STEWART v. STATE (2×)
Okla. Crim. App. · 2019 · confidence medium
The Supreme Court stated: The officer in the present case, however, might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened 'the destruction of evidence,' Preston v. United States , 376 U.S. 364, 367, 84 S.Ct. 881, 883, 11 L.Ed.2d 777.
cited Cited as authority (rule) State v. John Phillip Couch, II
Tex. App. · 2018 · confidence medium
Exigent circumstances include “the need to prevent the destruction of evidence.” Preston v. United States, 376 U.S. 364, 367 (1964).
discussed Cited as authority (rule) United States v. Wills
D.D.C. · 2018 · confidence medium
Accordingly, “[i]f there is no possibility that an arrestee could reach into the area that law enforcement officers seek to search, both justifications for the search-incident-to-arrest exception are absent and the rule does not apply.” See id. (citing Preston v. United States, 376 U.S. 364, 367-68 (1964)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. AMANDA S. GUSRANG (14-12-1067, BURLINGTON COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2018 · confidence medium
In Schmerber v. California, the Supreme Court upheld a DWI suspect's warrantless blood test where the officer "might 7 A-1640-16T4 reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened 'the destruction of evidence.'" 384 U.S. at 770 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Harris v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
Reaching the search incident to arrest exception, the Court noted that “warrantless searches of luggage or other property seized at the time of an arrest cannot be justified as incident to that arrest either if the ‘search is remote in time or place from the arrest,’ or no exigency exists.” Id. at 15 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Emily Lynn Aponte v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
On appeal, the Supreme Court determined that the blood draw was justified by exigent circumstances, because the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence.’” Id. at 770 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) JOHN GOODMAN v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2017 · confidence medium
The Court held that the warrantless blood test was permissible because the police “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence.’” Id. at 770 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) State v. Romano (2×)
N.C. · 2017 · confidence medium
ROMANO Opinion of the Court In Schmerber v. California the Supreme Court of the United States upheld a warrantless blood test of an individual arrested for driving under the influence of alcohol because the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence.’ ” 384 U.S. at 770 , 86 S. Ct. at 1835 (quoting Preston v. United States, 376 U.S. 364, 367 , 84 S. Ct. 881, 883 (1964)).
cited Cited as authority (rule) State of Maine v. Stanley
Me. Super. Ct · 2017 · confidence medium
Preston v. United States, 376 U.S. 364, 367 (1964).
discussed Cited as authority (rule) State v. Frances Anita Robinson
Tex. App. · 2016 · confidence medium
First, in Weems v. State, a driving-while-intoxicated case, the defendant was in an 19 Id. (quoting Preston v. United States, 376 U.S. 364, 367 (1964)). 20 Id. at 770-71. 21 Cole, 490 S.W.3d at 923 (citing McNeely, 133 S. Ct. at 1559 ). 22 Id. (citing Brigham City v. Stuart, 547 U.S. 398, 404 (2006)). 23 McNeely, 133 S. Ct. at 1568 ; Cole, 490 S.W.3d at 923 . 11 automobile accident and proceeded to flee from the scene of the crash.24 Eventually, Weems was found by a sheriff’s deputy hiding underneath a parked car.25 Because Weems appeared to be injured, EMS transported him to a hospital.26 T…
discussed Cited as authority (rule) State v. Thomas Townsend
Idaho Ct. App. · 2016 · confidence medium
The Court noted that the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence.’ ” Id. at 770 , 86 S.Ct. at 1835 , 16 L.Ed.2d at 919 -20 (quoting Preston v. United States, 376 U.S. 364, 367 , 84 S.Ct. 881, 883 , 11 L.Ed.2d 777, 780-81 (1964)).
discussed Cited as authority (rule) Keith Balkissoon v. State
Tex. App. · 2016 · confidence medium
App. 1991)). 14 Schmerber, 384 U.S. at 770 . 15 Id. (quoting Preston v. United States, 376 U.S. 364, 367 (1964)). 16 McNeely, 133 S. Ct. at 1556 . 17 Id. 7 test,” in other cases, “where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.”18 This is because “some delay between the time of the arrest or accident and the time of the test is inevitable regardless of whether police officers are required to obtain a warrant.”19 If, under the circumstan…
discussed Cited as authority (rule) State v. Elle Obering O'Brien
Tex. App. · 2016 · confidence medium
App. 1991)). 7 it from the system.”14 Accordingly, the Supreme Court has held that the warrantless collection of blood from a DWI suspect does not violate the Fourth Amendment in cases “when the officer might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence.’”15 More recently, however, the Supreme Court has clarified its holding in Schmerber, rejecting the argument that “the natural metabolization of alcohol in the bloodstream presents a per se exigen…
discussed Cited as authority (rule) State v. Andy J. Parisi
Wis. · 2016 · confidence medium
While at the hospital, Officer Fenhouse was told by officers still at the residence that "there was evidence of drug use." Police at the residence in fact uncovered evidence of drug use. "[U]nder the totality of the circumstances," Tullberg, 359 Wis. 2d 421, ¶34 , Officer Fenhouse had probable cause to believe that Parisi's blood contained evidence that Parisi had used heroin. 16 No. 2014AP1267-CR in this case: (1) evidence of heroin use remains detectable in the human body for "many hours, or even days"; (2) the officers could have, but did not attempt to obtain a warrant before conducting t…
discussed Cited as authority (rule) State v. Andy J. Parisi (2×)
Wis. · 2016 · confidence medium
While at the hospital, Officer Fenhouse was told by officers still at the residence that "there was evidence of drug use." Police at the residence in fact uncovered evidence of drug use. "[U]nder the totality of the circumstances," Tullberg, 359 Wis. 2d 421, ¶34 , Officer Fenhouse had probable cause to believe that Parisi's blood contained evidence that Parisi had used heroin. 16 No. 2014AP1267-CR in this case: (1) evidence of heroin use remains detectable in the human body for "many hours, or even days"; (2) the officers could have, but did not attempt to obtain a warrant before conducting t…
discussed Cited as authority (rule) People v. Castro CA4/1
Cal. Ct. App. · 2015 · confidence medium
(Ibid.) These "special facts" and the naturally dissipating BAC taken together, created a situation where the officer "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances threatened the 'destruction of evidence.' " (Id. at p. 770, citing Preston v. United States (1964) 376 U.S. 364, 367 (Preston).) In Toure, the court held that a nonconsensual, warrantless blood draw was proper under the Fourth Amendment because it was justified by exigent circumstances.
examined Cited as authority (rule) State of Iowa v. Jesse Michael Gaskins (7×) also: Cited "see, e.g."
Iowa · 2015 · confidence medium
Preston v. United States, 376 U.S. 364, 367-68 , 84 S.Ct. 881, 883-84 , 11 L.Ed.2d 777, 780-81 (1964).
discussed Cited as authority (rule) State of Minnesota v. William Robert Bernard, Jr. (2×)
Minn. · 2015 · confidence medium
See Gant, 556 U.S. at 351 (holding that the “[p]olice may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search”); United States v. Chadwick, 433 U.S. 1, 14-15 (1977) (holding that a locked footlocker seized at the time of a defendant’s arrest could not be justified as a search of the area within the arrestee’s immediate control “if the ‘search is remote in time or place from the arrest’ ” or if the police have exclusive control of the property and “there is no longer a…
discussed Cited as authority (rule) Michael Seiser v. City of Chicago
7th Cir. · 2014 · confidence medium
The officer in the present case ... might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened “the destruction of evi- *657 denee,” Preston v. United States, 376 U.S. 364, 367 , 84 S.Ct. 881, 883 [ 11 L.Ed.2d 777 (1964)].
discussed Cited as authority (rule) Kenneth Lee Douds v. State
Tex. App. · 2013 · confidence medium
After acknowledging that “[t]he importance of informed, detached and deliberate determinations of the issue whether or not to invade another‟s body in search of evidence of guilt is indisputable and great,” the Court found the blood draw to be constitutionally valid: 8 The officer in the present case, however, might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened „the destruction of evidence.‟ Preston v. United States, 376 U.S. 364, 367 (1964).
discussed Cited as authority (rule) Kevin M. Clark v. State of Indiana (2×)
Ind. · 2013 · confidence medium
The exception is justified by “the need to seize weapons and other things which might be used to assault an officer or effect an escape, as well as the need to prevent the destruction of evidence of the crime,” all “things which might easily happen where the weapon or evidence is on the accused’s person or under his immediate control.” Id. (quoting Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Commonwealth v. Vance
Augusta Cir. Ct. · 2012 · confidence medium
It reasoned that the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence’.” Id. (citing Preston v. United States, 376 U.S. 364, 367 (1964)).
discussed Cited as authority (rule) Kentucky v. King (2×)
SCOTUS · 2011 · confidence medium
II As above noted, to justify the police activity in this case, Kentucky invoked the once-guarded exception for emer gencies “in which the delay necessary to obtain a warrant . . . threaten[s] ‘the destruction of evidence.’ ” Schmerber v. California, 384 U. S. 757, 770 (1966) (quoting Preston v. United States, 376 U. S. 364, 367 (1964)).
Preston
v.
United States
163.
Supreme Court of the United States.
Mar 23, 1964.
376 U.S. 364
Francis M. Shea, by appointment of the Court, 374 U. S. 823, argued the cause and filed briefs for petitioner., Sidney M. Glazer argued the cause for the United States. With him on the brief were Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg.
Black.
Cited by 1,904 opinions  |  Published
5 passages pin-cited by 9 cases
Pinpoint authority: #9,466 of 633,719
Citer courts: Second Circuit (9) · Court of Appeals of Arizona (3) · District of Columbia (3) · Massachusetts Supreme Judicial… (3) · E.D. New York (3) · Sixth Circuit (2) · Michigan Court of Appeals (1)
Mr. Justice Black

delivered the opinion of the Court.

Petitioner and three others were convicted in the United States District Court for the Eastern District of Kentucky on a charge of conspiracy to rob a federally insured bank in violation of 18 U. S. C. § 2113, the conviction having been based largely on evidence obtained by the search of a motorcar. The Court of Appeals for the Sixth Circuit affirmed, rejecting the contentions, timely made in the trial and appellate courts, that[*365] both the original arrest, on a charge of vagrancy, and the subsequent search and seizure had violated the Fourth Amendment. 305 F. 2d 172. We granted certiorari. 373 U. S. 931. In the view we take of the case, we heed not decide whether the arrest was valid, since we hold that the search and seizure was not-.

The police of Newport, Kentucky, received a telephone complaint at 3 o’clock one morning that “three suspicious men acting suspiciously”- had been seated in a motorcar parked in a business district since 10 o’clock the evening before. Four policemen straightaway went to the place where the car was parked and found petitioner and two companions. The officers asked the three men why they were parked there, but the men gave answers which the officers testified were unsatisfactory and evasive. All three men admitted that they were unemployed; all of them together had only 25 cents. One of the men said that he had bought the car the day before (which later turned out to be true), but he could not produce any title. They said that their reason for being there was to meet a truck driver who would pass through Newport that night, but they could not identify the company he worked for, could not say what his truck looked like, and did not know what time he would arrive. The officers arrested the three men for vagrancy, searched them for weapons, and took them to police headquarters. The car, which had not been searched at the time of the arrest, was driven by an officer to the station, from which it was towed to a garage. Soon after the men had been booked at the station, some of the police officers went to the garage to search the car and found two loaded revolvers in the glove compartment. They were unable to open the trunk and returned to the station, where a detective told one of the officers to go back and try to get into the trunk. The officer did so, was able to enter the trunk through the back seat of the car, and in[*366] the trunk found caps, women’s stockings (one with mouth and eye holes), rope, pillow slips, an illegally manufactured license plate equipped to be snapped over another plate, and other items. After the search, one of petitioner’s companions confessed that he and two others— he did not name petitioner — intended to rob a bank in Berry, Kentucky, a town about 51 miles from Newport. At this, the police called the Federal Bureau of Investigation into the case and turned over to the Bureau the articles found in the car. It was the use of these articles, over timely objections, which raised the Fourth Amendment question we here consider.

The Amendment provides:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers. Elkins v. United States, 364 U. S. 206 (1960). Our cases make it clear that searches of motorcars must meet the test of reasonableness under the Fourth Amendment before evidence obtained as a result of such searches is admissible. E. g., Carroll v. United States, 267 U. S. 132 (1925); Brinegar v. United States, 338 U. S. 160 (1949). Common sense dictates, of course, that questions involving searches of motorcars or other things readily moved cannot be treated as identical to questions arising out of searches of fixed structures like houses. For this reason, what may be an unreasonable search of[*367] a house may be reasonable in the case of a motorcar. See Carroll v. United States, supra, 267 U. S., at 153. But even in the case of motorcars, the test still is, was the search unreasonable. Therefore we must inquire whether the facts of this case are such as to fall within any of the exceptions to the constitutional rule that a search warrant must be had before a search may be made.

It is argued that the search and seizure was justified as incidental to a lawful arrest. 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. Weeks v. United States, 232 U. S. 383, 392 (1914); Agnello v. United States, 269 U. S. 20, 30 (1925). This right to search and seize without a search warrant extends to things under the accused’s immediate control, Carroll v. United States, supra, 267 U. S., at 158, and, to an extent depending on the circumstances of the case, to the place where he is arrested, Agnello v. United States, supra, 269 U. S., at 30; Marron v. United States, 275 U. S. 192, 199 (1927); United States v. Rabinowitz, 339 U. S. 56, 61-62 (1950). 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. Agnello v. United States, supra, 269 U. S., at 31. Here, we may assume, as the Government urges, that, either because the arrests were valid or because the police had[*368] 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. See Stoner v. California, post, p. 483. 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. Cf. United States v. Jeffers, 342 U. S. 48, 51-52 (1951). 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. See Carroll v. United States, supra, 267 U. S., at 153. 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.

Reversed and remanded.