The officer's experience told him the stereo equipment was probably stolen, but lacking probable cause, he could not have obtained a warrant to seize it, and he could not have remained in Hicks's apartment to prevent Hicks from removing the stereo equipment after the other officers finished searching. The Court held that the search was unconstitutional absent probable cause. The Court rejected the "apparent position of the Arizona Court of Appeals that because the officers' action directed to the stereo equipment was unrelated to the justification for their entry into [Hicks's] apartment, it was per se unreasonable."
Must an officer establish probable cause in order to invoke the plain view doctrine?
The Court’s holding will prevent officers from lawfully retrieving evidence.
On April 20, 1984, a bullet was fired through the floor of James Thomas Hicks' apartment, striking and injuring a man in the apartment below. (adsbygoogle = window.adsbygoogle || []).push({}); http://law.jrank.org/pages/24097/Arizona-v-Hicks-Significance.html, https://supreme.justia.com/cases/federal/us/480/321/case.html. When investigating a shooting in an apartment, a police officer moved certain stereo equipment, which was very fancy and looked out of place, and learned that it had been taken during an armed robbery. The Court found that the search and seizure of the stereo equipment violated the Fourth and Fourteenth Amendments.
The doctrine, permits officers to seize evidence found during a warrantless search when the material is in the officer’s plain view. Get Arizona v. Hicks, 480 U.S. 321 (1987), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Arizona v. Hicks Brief . 480 U.S. 321. which was not present by the State's admission. Citation480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. The essential facts are as follows. Scalia, joined by Brennan, White, Marshall, Blackmun, Stevens, This page was last edited on 7 May 2019, at 04:54. for robbery. Decided March 3, 1987. Here, Hicks privacy interest is outweighed by the governmental interest in law enforcement.
Audio Transcription for Opinion Announcement - March 03, 1987 in Arizona v. Hicks William H. Rehnquist: The opinion of the Court in No. The appellate court therefore found that the police's actions violated the Fourth Amendment, and affirmed the trial court's granting of the motion to suppress.
But moving the stereo equipment was an additional search, the appellate court reasoned, which lacked a warrant and was unrelated to the purpose the police were in Hicks' apartment to begin with. In other cases, she argued, the Court had allowed minimally invasive searches under the Fourth Amendment in the face of strong governmental interests.
Warrants are issued only upon a showing of probable cause; thus, probable cause to believe an item in plain view is contraband or evidence of criminal activity must be required to allow the plain-view exception.
He thought these
some of the components in order to read and record their serial This decision set the precedent that “probable cause” operates as a separate limitation to the “plain view” doctrine. After contacting one of the officers at headquarters, the officers were able to confirm that the equipment was stolen. Arizona v. Hicks Case Brief. The Fourth Amendment protects equally against unreasonable searches and seizures. Here, the officer’s searching the equipment equated to a Fourth Amendment search since his actions permitted him to observe and record information that was not in plain view. Written and curated by real attorneys at Quimbee.
Citing the Court's holding in Coolidge v. New Hampshire (1971), Justice Scalia upheld the "plain view" doctrine which allows police officers under some circumstances to seize evidence in plain view without a warrant. The officer was informed that the equipment had been taken in an armed robbery, for which Hicks was later indicted. 2d 347 (1987) Brief Fact Summary. Antonin Scalia: This is a petition for certiorari to the Court of Appeals of Arizona.
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The government had such an interest in this case, because of the "prevalence of mass-produced goods in our national economy" whose only distinguishing characteristic was a serial number.
Justice O'Connor disagreed with the majority's characterization of the police actions regarding the stereo equipment as a full-blown search.
https://supreme.justia.com/cases/federal/us/480/321/case.html. The Court first ruled that when the police officer moved the stereo equipment to record the serial numbers, he conducted a Fourth Amendment "search," unrelated to the initial reason the police were in Hicks's apartment, to search for weapons and the person who fired the bullet through the floor of the apartment. Upon investigating the shooting and seizing three weapons, officers noticed expensive stereo equipment and moved one of the pieces so they could check the serial number. In the face of the dilemma, Justice Powell worried that the bright-line rule making moving the equipment a "search" requiring probable cause "could deter conscientious police officers from lawfully obtaining evidence necessary to convict guilty persons. These cases are derived from class notes and laws change over time.
under the "plain view" doctrine absent probable cause, No. Star Athletica, L.L.C. It was conceded that the police's initial entry into Hicks' apartment was lawful, although it took place without a warrant, because of the emergency created by the shooting. Police responded to the incident and went first to the apartment where the bullet entered. Will There Ever Be An Online LSAT? fired into the apartment below, two sets of expensive stereo
Rather, she called it a "cursory inspection," and argued that the police could conduct such a cursory inspection on reasonable suspicion that an object is contraband or evidence of criminal activity. The police arrived and entered Hicks' apartment to search for the shooter, for other victims, and for weapons. In response, the officers seized the stolen items and had a warrant issued to search the other pieces of equipment. It's no secret that the American Bar Association is not fond of onl... © 2010 - 2020 lawschoolcasebriefs.net. What about an online Bar Exam? Argued December 8, 1986. This case presents the issue of whether probable cause is needed prior to the police conducting a passing inspection of an item in their plain view. evidence that had been seized, holding that the officer's moving of A "distinction between searches based on their relative intrusiveness — and its subsequent adoption by a consensus of American courts — is entirely consistent with our Fourth Amendment jurisprudence." equipment were noticed by one of the officers. Yes. When law enforcement officers entered 85-1027, Arizona versus Hicks will be announced by Justice Scalia.
defendant's apartment under exigent circumstances after a bullet was
The Court affirmed the appellate court's affirmance of
I have often tried to make the cases available as links in case you are a student without a textbook. The Arizona Supreme Court declined the State's request to review the case, but the U.S. Supreme Court agreed to do so. under the Fourth Amendment because it was not sustainable
anomalous in the context of the squalor of the apartment, and moved The officers noticed expensive equipment, which they confirmed was stolen after moving the item to retrieve its serial number. There is no justification why an exception to the warrant requirement should require a standard less than probable cause. My Story - Law School, Top Grades, International Living, and Post-Law Teaching, Criminal Procedure: Examples & Explanations, Sixth Edition. There are, of course, other situations in which the police may lawfully seize an object upon less than probable cause, but the state justified the search of the stereo equipment in this case solely on the fact that they were in plain view of the officers who were otherwise lawfully present in Hicks's apartment, and happenstance cannot by itself supplant the requirement of probable cause. The purpose of the plain-view exception to the warrant requirement is rather to spare the police who discover weapons or contraband during the course of an otherwise lawful search the trouble of having to obtain a warrant to seize those weapons or contraband.
86-1027. lawful objective of his entry. Searching the equipment was not related to the initial lawful purpose of investigating the shooting. Arizona v. Hicks, 480 U.S. 321 (1987), held that the Fourth Amendment requires the police to have probable cause to seize items in plain view.
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