Police went to petitioner’s home on January 28, 1964, to question him about a murder. In the course of their inquiry, he showed them three guns, and he agreed to take a lie detector test on February 2. The test was inconclusive on the murder, but, during its course, petitioner admitted a theft.
In petitioner’s absence, two other policemen came to the house and questioned petitioner’s wife to check petitioner’s story and corroborate his admission of the theft. Unaware of the visit of the other officers who had been shown the guns and knowing little about the murder weapon, the police asked about any guns there might be in the house, and were shown four by petitioner’s wife which she offered to let them take. After one policeman first declined the offer, they took the guns, along with various articles of petitioner’s clothing his wife made available to them.
On February 19, petitioner was arrested in his house for the murder, and, on that date, a warrant to search petitioner’s automobile was applied for by the police chief and issued by the Attorney General (who had assumed charge of the investigation and was later the chief prosecutor at the trial), acting as a justice of the peace.
The car, which, at the time of the arrest, was parked in petitioner’s driveway, was subsequently towed to the police station, where, on February 21 and on two occasions the next year, it was searched. Vacuum sweepings from the car as well as from the clothing were used as evidence at the trial, along with one of the guns made available by petitioner’s wife. Following the overruling of pretrial motions to suppress that evidence, petitioner was convicted, and the State Supreme Court affirmed.
HELD:
The warrant for the search and seizure of petitioner’s automobile did not satisfy the requirements of the Fourth Amendment, as made applicable to the States by the Fourteenth, because it was not issued by a “neutral and detached magistrate.” Johnson v. United States, 333 U. S. 10, 333 U. S. 14. Pp. 449-453.
The warrant for the search and seizure of petitioner’s automobile did not satisfy the requirements of the Fourth Amendment, as made applicable to the States by the Fourteenth, because it was not issued by a “neutral and detached magistrate.” Johnson v. United States, 333 U. S. 10, 333 U. S. 14. Pp. 449-453.
Under the circumstances present here — where the police for some time had known of the probable role of the car in the crime, petitioner had had ample opportunity to destroy incriminating evidence, the house was guarded at the time of arrest and petitioner had no access to the car — there were no exigent circumstances justifying the warrantless search even had it been made before the car was taken to the police station, and the special exceptions for automobile searches in Carroll v. United States, 267 U. S. 132, and Chambers v. Maroney, 399 U. S. 42, are clearly inapplicable. Cf. Dyke v. Taylor Implement Mfg. Co., 391 U. S. 216. Pp. 403 U. S. 458-464.
Read the full opinion here: https://supreme.justia.com/cases/federal/us/403/443/
Anton Vialtsin, Esq.
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