Opinion

Coolidge v. New Hampshire

  • 403 U.S. 443
  • 91 S. Ct. 2022
  • 29 L. Ed. 2d 564
  • 1971 U.S. LEXIS 25
Court
Supreme Court of the United States
Filed
Jun 21, 1971
Status
Published
Author
Burger
On the bench
Hablan, Stewart, Burger, Ii-D, Douglas, Brennan, Marshall, Harlan, Black, Burgee, Blackmun, White
Cited by
7,534 cases

Reported overruled in part, on other grounds by Horton v. California, 496 U.S. 128 (1990) — not on the Supreme Court's list

recognizing that "[p]lainly, the [United States Supreme] Court d[oes] not view the 'immediately apparent' language . . . as establishing any requirement that a police officer 'know' that certain items are contraband or evidence of a crime," but rather "that '[t]he seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity' " (third alteration in original) (quoting Payton v. New York, 445 U.S. 573, 587 (1980))

How later courts described this case

  • recognizing that "[p]lainly, the [United States Supreme] Court d[oes] not view the 'immediately apparent' language . . . as establishing any requirement that a police officer 'know' that certain items are contraband or evidence of a crime," but rather "that '[t]he seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity' " (third alteration in original) (quoting Payton v. New York, 445 U.S. 573, 587 (1980))
  • explaining that “[b]oth sides to the controversy” over the Fourth Amendment’s warrant requirement “appear to recognize a distinction between searches and seizures that take place on a man’s property . . . and those carried out elsewhere. It is accepted . . . that a search or seizure carried out on a suspect’s premises without a warrant is per se unreasonable, unless the police can show that it falls within one of a carefully defined set of exceptions based on the presence of ‘exigent circumstances’”
  • explaining that examples of general search warrants are those authorizing searches for and seizures of such vague categories of items as " 'smuggled goods,' " " 'obscene materials,' " " 'books, records, pamphlets, cards, receipts, lists, memoranda, pictures, recordings and other written instruments concerning the Communist Party of Texas,' " " 'illegally obtained films,' " and " 'stolen property' "
  • concluding that if the Court were to hold the automobile exception applies to a vehicle parked in a residential driveway “where there was no stopping and the vehicle was unoccupied ... it is but a short step to the .position that it is never necessary for the police to obtain a warrant before searching and seizing an automobile, provided that ■they have probable cause.”

Written by the judges who cited it.

Later courts went against this

  • Reported overruled in part, on other grounds by Horton v. California, 496 U.S. 128 (1990) — not on the Supreme Court's list

    403 U.S. 443, 487 (1971), abrogated in part by Horton v. California, 496 U.S. 128
    Supreme Court of the United StatesJun 4, 199033 citing opinionsother groundsin partunconfirmed confidenceRead it
  • Reported overruled on other grounds by Washington v. Chrisman, 455 U.S. 1 (1982) — not on the Supreme Court's list

    403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), overruled on other grounds by Washington v. Chrisman, 455 U.S. 1, 102 S.Ct. 812, 70 L.Ed.2d 778 (1982)).
    Supreme Court of the United StatesJan 13, 1982other groundsunconfirmed confidenceRead it
  • Questioned by People v. Caserta, 123 Ill. App. 3d 608 (1984)

    We further note that in Texas v. Brown (1983), 460 U.S. 730, 743, 75 L. Ed. 2d 502, 514-15, 103 S. Ct. 1535, 1543-44, the plurality, and the concurring opinion of Justice White, call into question the “inadvertent” viewing requirement enunciated in Coolidge v. New Hampshire (1971), 403 U.S. 443, 29 L. Ed. 2d 564, 91 S. Ct. 2022.
    Appellate Court of IllinoisApr 24, 1984Read it
  • Questioned by United States v. James Henry Rollins, A/K/A "Lee Evans", 522 F.2d 160 (1975)

    Hampshire, supra, casts doubt upon the continuing validity of such reliance.
    Court of Appeals for the Second CircuitSep 15, 1975Read it
  • Questioned in part by United States v. Moscatiello, 771 F.2d 589 (1985)

    Finally, although it is perhaps true that the FBI agents who arrested Rooney could have blocked off the driveway and immobilized the white truck, and so one of the reasons given in Coolidge for not permitting a warrantless search would apply here, the continued vitality of that particular reasoning is doubtful.
    Court of Appeals for the First CircuitAug 26, 1985in partRead it
  • Declined to follow by Harris v. State, 948 So. 2d 583 (2006)

    We decline to adopt this construction of Coolidge.
    Court of Criminal Appeals of AlabamaFeb 3, 2006Read it

and 1 more.

Distinguished

  • Distinguished by State v. Jones, Unpublished Decision (3-2-2000) (2000)

    We distinguish Coolidge, supra, from these facts because there, the court precluded the search of a vehicle located in the driveway without first obtaining a search warrant where Coolidge had been arrested inside his home for murder and the police had no reasonable expectation of finding contraband in the vehicle.
    Ohio Court of AppealsMar 2, 2000Read it
  • Distinguished by United States v. Steven Peterson, United States of America v. Mary Peterson, 867 F.2d 1110 (1989)

    403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), is inapplicable.
    Court of Appeals for the Eighth CircuitFeb 10, 1989Read it
  • Distinguished by United States v. Levasseur, 699 F. Supp. 965 (1988)

    403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed. 2d 564 (1971) are clearly distinguishable from the instant case.
    District Court, D. MassachusettsMar 18, 1988Read it
  • Distinguished by Commonwealth v. Lett, 393 Mass. 141 (1984)

    403 U.S. 443 (1971), is inapplicable “in situations where the police knew what they were looking for, what they might expect to find and in fact
    Massachusetts Supreme Judicial CourtOct 15, 1984Read it

The opinion

Mr. Chief Justice Burger,

dissenting in. part and concurring in part.

I join the dissenting opinion of Mr. Justice White and in Parts II and III of Mr. Justice Black’s concurring and dissenting opinion. I also agree with most of what is said in Part I of Mr. Justice Black’s opinion, but I am not prepared to accept the proposition that the Fifth Amendment requires the exclusion of evidence *493 seized in violation of the Fourth Amendment. I join in Part III of Mr. Justice Stewart’s opinion.

This case illustrates graphically the monstrous price we pay for the exclusionary rule in which we seem to have imprisoned ourselves. See my dissent in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, ante, p. 411.

On the merits of the case I find not the slightest basis in the record to reverse this conviction. Here again the Court reaches out, strains, and distorts rules that were showing some signs of stabilizing, and directs a new trial which will be held more than seven years after the criminal acts charged.

Mr. Justice Stone, of the Minnesota Supreme Court, called the kind of judicial functioning in which the Court indulges today “bifurcating elements too infinitesimal to be split.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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