In the 1973 case Gustafson v. Florida, the United States Supreme Court ruled in a 5-4 decision that police officers are allowed to conduct a full search of an individual's person following their lawful arrest. The defendant, Mr. Gustafson, was arrested for driving with an expired license and subsequently searched by police without his consent; they found marijuana on his person during this search. He argued that this violated his Fourth Amendment rights against unreasonable searches and seizures because there were no grounds to believe he was armed or dangerous at the time of arrest - thus making such thorough search unnecessary and unlawful. However, the court disagreed stating that once lawfully arrested, individuals have significantly reduced expectations of privacy which allows for comprehensive searches by arresting officers regardless if there is suspicion about presence of weapons or contraband.

In the dissenting opinion for Gustafson v. Florida, Justice William O. Douglas argued that the majority's decision to allow a warrantless search of an individual arrested for a traffic violation was in direct contradiction with Fourth Amendment protections against unreasonable searches and seizures. He contended that such broad interpretation of police powers could lead to potential abuses by law enforcement officers who may use minor infractions as pretexts for conducting invasive searches without warrants or probable cause. Furthermore, he expressed concern over the erosion of personal liberties if courts continue to uphold such expansive interpretations of police authority under the guise of maintaining public safety and order.