United States v. Di Re
Citation and Court
332 U.S. 581 (1948) — Supreme Court of the United States
Facts
Federal investigators had probable cause to believe a car’s driver was engaged in counterfeiting ration coupons. They arrested the driver and searched the car. Di Re, a passenger, was also searched and coupons were found on him. The government argued probable cause for the car extended to searching the passenger’s person.
Issue
Whether probable cause to search a vehicle extends to a search of the body of a passenger found within the vehicle.
Holding
No; probable cause to search a car does not automatically justify a search of a passenger’s person. Independent probable cause is required to search a passenger.
Rule / Doctrine
Probable cause is particularized and must be tied to the specific person or place to be searched. The fact that a person is riding in a vehicle where illegal activity is suspected does not, without more, establish probable cause to search that person’s body. Mere presence in a car is insufficient to justify a search of a passenger’s person.
Significance
Established that passenger-body searches require independent probable cause beyond the probable cause supporting the vehicle search. This principle was later applied and refined in Maryland v. Pringle (2003), which allowed arrest (but not necessarily search) of all occupants when drugs were found accessible to all.