Christmas v. United States

I am unable to agree with the majority decision. While it recognizes one well established exception to the general rule forbidding warrantless searches of automobiles, viz., that “ . . . objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence,” Harris v. United States, 390 U.S. 234 at 236, 88 S.Ct. 992 at 993, 19 L.Ed.2d 1067 (1968) — a doctrine recently re-emphasized by the Supreme Court1 — it seems to create a new exception to such exception. Its underlying premise is that the object…