Arizona v. Hicks

Arizona v. Hicks

489 U.S. 321 (1987)

Facts: A bullet was fired through the floor of the respondent’s room which caused injury to a man. The police immediately entered the respondent’s room to check if there were other victims and their search yielded three weapons and a stocking cap mask. One of the responding cops noticed an expensive looking stereo component which seemed inconsistent with the ill-maintained apartment. Suspecting that said stereo and turntable were not legally obtained, the cop record the serial number of the appliance and reported them to their police station. Note that the cop had to move the stereos in order to see the serial numbers. Upon receiving confirmation from the station that the subject stereos were taken in an armed robbery, the police officer decided to seize the equipment and file a robbery charge against the respondent. Both the state courts refused to uphold the policeman’s action as reasonable search and seizure under the plain view doctrine.

Issues:

1.      Whether or not the recording of the serial number constitute a search and seizure

2.      Whether or not the search and seizure is reasonable under the plainview doctrine

Holding:

1.      Mere recording of the serial number does not constitute search and seizure.  However, the act of moving the appliances in order to see the serial numbers is violative of the Fourth Amendment right against unreasonable search and seizure.

2.      The search and seizure of the stereo cannot be justified under the plain view doctrine.

Majority Opinion delivered by Justice Scalia

1.      The recording did not “meaningfully interfere” with respondent’s possessory interest in either the serial numbers or the equipment, and therefore did not amount to a seizure. However, it is the moving of the equipment that produced additional invasion of the respondent’s privacy. This cannot be justified by the exigent circumstance which allowed for the police officers’ initial entry. The fact that the serial numbers did not have an intrinsic personal value is not sufficient to rectify the policeman’s mistake.

2.      The Court held that although the exception of exigent circumstance may not be applied in this case because the presence of the stereo is unrelated to the shooting incident, the plain view doctrine may be utilized. Nevertheless, the policeman’s “reasonable suspicion” that the stereo was stolen is not enough to substitute for “probable cause.” The Court declares that the same level of probable cause needed for the issuance of a search warrant forms an essential requisite for the invocation of the plain view doctrine.

3.      As for the dissenting opinions, the majority opinion responded that a cursory inspection, which only involves looking and not disturbing, is not even considered a search and consequently, a reasonable suspicion is not required.

Justice White, concurring

Justice White emphasized the immateriality of “inadvertent discovery” in plain view searches, contrary to the position of Justice O’Connor.

Justice O’Connor, with whom the Chief Justice and Justice Powell join, dissenting

Justice O’Connor is of the opinion that there must be delineation between full-blown search and cursory searches, in that the latter reasonable suspicion that the item constitutes an evidence of a crime will suffice to satisfy the requirements of the Fourth Amendment.

Justice Powell, with whom the Chief Justice and Justice O’Connor join, dissenting

Justice Powell proposes that the moving of suspicious item is only a minimal intrusion of privacy. He further says that the distinction between looking and moving “trivializes the Fourth Amendment” which may cause uncertainty for conscientious police officers.

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with MyStudyWriters
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
Testimonials
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Business and administrative studies
excellent job
Customer 452773, March 12th, 2023
History
Looks great and appreciate the help.
Customer 452675, April 26th, 2021
Social Work and Human Services
Great work I would love to continue working with this writer thought out the 11 week course.
Customer 452667, May 30th, 2021
Business and administrative studies
Thanks
Customer 452773, March 3rd, 2023
Business and administrative studies
Perfect
Customer 452773, February 23rd, 2023
Criminal Justice
This has been the greatest help while I am recovering from an illness. Thank your team so much.
Customer 452671, May 2nd, 2021
Business and administrative studies
great job as always
Customer 452773, February 26th, 2023
Nursing
I just need some minor alterations. Thanks.
Customer 452547, February 10th, 2021
Humanities
Thank youuuu
Customer 452729, May 30th, 2021
Sociology
THANK YOUUUUU
Customer 452591, March 18th, 2021
Criminal Justice
The paper was not accused of plagiarism and was written very well. I will let you know the grade once it is graded. Thank you
Customer 452671, April 26th, 2021
Business and administrative studies
excellent work
Customer 452773, March 12th, 2023
11,595
Customer reviews in total
96%
Current satisfaction rate
3 pages
Average paper length
37%
Customers referred by a friend
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat
Close

Sometimes it is hard to do all the work on your own

Let us help you get a good grade on your paper. Get professional help and free up your time for more important courses. Let us handle your;

  • Dissertations and Thesis
  • Essays
  • All Assignments

  • Research papers
  • Terms Papers
  • Online Classes

eskort

-

eskişehir eskort

eskort

-

eskişehir eskort

Live ChatWhatsApp