Legal Opinion · Dissent

Horton v. California

Supreme Court of the United States

Decided June 4, 1990No. 88-7164Published

1DissentJustice Brennan

I remain convinced that Justice Stewart correctly articulated the plain-view doctrine in Coolidge v. New Hampshire, 403 U. S. 443 (1971). The Fourth Amendment permits law enforcement officers to seize items for which they do not have a warrant when those items are found in plain view and (1) the officers are lawfully in a position to observe the items, (2) the discovery of the items is “inadvertent,” and (3) it is immediately apparent to the officers that the items are evidence of a crime, contraband, or otherwise subject to seizure. In eschewing the inadvertent discovery requirement, the…

2Cases cited73 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. United States v. RossSupreme Court of the United States · 1982
  4. United States v. PlaceSupreme Court of the United States · 1983
  5. Texas v. BrownSupreme Court of the United States · 1983

68 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API