Dissenting opinion C. Minority opinion D. Primary jurisdiction E. Prevailing jurisdiction. discovery" prong of the plain view exception to the Warrant Clause.

The test is whether these law enforcement interests are sufficiently "substantial," not, as the Court would have it, whether, "operational necessities render [a standard less than probable cause] the only practicable means of detecting certain types of crimes.". Merits briefs: Once the Supreme Court has granted certiorari in a case, each party has the opportunity to file merits briefs. That is the kind of distinction made by the amendment to this Rule.

(For example, George W. Bush was the petitioner in Bush v. In interpreting the law with an extralegal approach, judges often actively engage in? Someone from the solicitor general’s office will also frequently argue on behalf of the United States when the government is not a party but has filed an amicus brief in the case. As vice president under President Obama, Joe Biden.

Thus, if the computer had identified as stolen property a component with a visible serial number, the evidence would have been admissible. Probable cause to believe the equipment was stolen was also necessary to support the search here, whether legal authority to move the equipment could be found only as the inevitable concomitant of the authority to seize it or also as a consequence of some independent power to search objects in plain view.
Neither could he have remained on the premises and forcibly prevented their removal.

yet a "full-blown search." A court of appeals is often referred to by the name or number of its circuit (for example, “the U.S. Court of Appeals for the 9th Circuit” or just “the 9th Circuit”). . In Texas v. Brown, 460 U. S. 730 (1983), the plurality opinion expressly declined to, "address whether, in some circumstances, a degree of suspicion lower than probable cause would be sufficient basis for a seizure. A search is a search, even if it happens to disclose nothing but the bottom of a turntable. at 394 U. S. 571 (emphasis added) (footnote omitted). Which Constitutional Right inferred by the Court has been used to protect unlisted rights such as sexual privacy or reproductive rights? . If an officer could indiscriminately search every item in plain view, a search justified by a limited purpose -- such as exigent circumstances -- could be used to eviscerate the protections of the Fourth Amendment. Under authorization given to _____, the United State entered into war against _____ in 2003. The Court today gives the right answer to the wrong question. Unlike most modern constitutions, the British constitution is comprised of ____ that developed over time. Given the prevalence of mass-produced. See id.
No special operational necessities are relied on here, however -- but rather the mere fact that the items in question came lawfully within the officer's plain view.

I'm just very familiar with people converting stolen stereos and TV's into their own use.". Ante at 480 U. S. 327. Relying upon a statement in Mincey v. Arizona, 437 U. S. 385, that a warrantless search must be "strictly circumscribed by the exigencies which justify its initiation," the Court of Appeals held that the policeman's obtaining the serial numbers violated the Fourth Amendment because it was unrelated to the shooting, the exigent circumstance that justified the initial entry and search. Respondent was subsequently indicted for the robbery. For the reasons stated, the judgment of the Court of Appeals of Arizona is. Dissent: If a justice disagrees with the court’s opinion, he or she may issue a dissent, which, like the opinion, is a substantive and often lengthy piece of writing that lays out reasons why the court’s opinion is mistaken. One way to amend the Constitution allows _____ of the states to request a national constitutional convention that can propose amendments that go into effect when approved by ______ of the states.

majority opinion Named after Chief Justice John Marshall, the Court that greatly expanded national power. Relist: A relist occurs when the justices consider a petition for certiorari at one of their private conferences but decline to act on it, instead “relisting” it, typically for the following conference. Both state courts rejected the contention that the policeman's actions were justified under the "plain view" doctrine. The Department of Health and Human Services. Dicta in Payton v. New York, 445 U. S. 573, 445 U. S. 587 (1980), suggested that the standard of probable cause must be met, but our later opinions in Texas v. Brown, 460 U. S. 730 (1983), explicitly regarded the issue as unresolved, see id. Decisions by judges respecting the decisions of other branches or, through the concept of precedent, the decisions or earlier judges, is considered a? 489 0 obj <> endobj Opinion: When it decides a case, the court generally issues an opinion, which is a substantive and often lengthy piece of writing summarizing the facts and history of the case and addressing the legal issues raised in the case. Post at 480 U. S. 338. One of the policemen, Officer Nelson, noticed two sets of expensive stereo components, which seemed out of place in the squalid and otherwise ill-appointed four-room apartment. As Professor LaFave summarizes the view of these courts, "the minimal additional intrusion which results from an inspection or examination of an object in plain view is reasonable if the officer was first aware of some facts and circumstances which justify a reasonable suspicion (not probable cause, in the traditional sense) that the object is or contains a fruit, instrumentality, or evidence of crime. There was no looking into closets, opening of drawers or trunks, or other "rummaging around." This practice is distinct from the justices holding a petition pending the disposition of another case. What Judicial refers to judges who go beyond what the law requires and seek to impose their own policy preferences on society through their judicial decisions? It reserves power to the states if not granted to the national government. To make its position unmistakably clear, the Court concludes that a "search is a search, even if it happens to disclose nothing but the bottom of a turntable."

Under the plain view doctrine, the police must have probable cause to believe that an item in question is evidence of a crime or is contraband in order to search and seize it without a warrant. In recent years, the court has begun a practice of routinely relisting petitions that are under serious consideration for review at second or subsequent conferences prior to entering orders granting or denying certiorari. If they void, vacate or reverse the decision, they are overturning the ruling the lower court made. Management Fundamentals: Concepts Applications, & Skill Development, Aging Matters: An Introduction to Social Gerontology, Diagnostic and Statistic Manual of Mental Disorders, Medical and Psychosocial Aspects of Chronic illness and Disability, Essential Repertoire: For the Developing Choir, Essential Musicianship: A Comprehensive Choral Method Book Two, The Rise and Fall of Modern Black Leadership. On Friday, the justices will hold their October 9 conference. T.L.O., 469 U. S. 325, 469 U. S. 341 (1986). A confrontational legal process under which each party presents its version of events to as a? "���)=��Y^����TЯ>/�q����0�y7�I����P. h�b```�\``f`�s\`�12\28�v���.�>��/��9��or����(e����]�C��;�U�$� For example, a “concurrence in the judgment” may give different reasons for reaching the same conclusion. But there is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all. What bargain is an agreement by a criminal defendant to plead guilty in return for a reduced sentence? * Contrary to the suggestion in JUSTICE O'CONNOR's dissent, post at 480 U. S. 339, this concession precludes our considering whether the probable cause standard was satisfied in this case. JUSTICE O'CONNOR's dissent suggests that we uphold the action here on the ground that it was a "cursory inspection," rather than a "full-blown search," and could therefore be justified by reasonable suspicion instead of probable cause. The opinion of a court laying out the official position of the court in the case is known as the? They also do so under the risk of facing criminal charges if they lie to the court. If the Supreme Court's decision is based on the meaning of a statute, _______ can simply overturn it.

POWELL, J., filed a dissenting opinion, in which REHNQUIST, C.J., and O'CONNOR, J., joined, post, p. 480 U. S. 330. This distinction between a full-blown search and seizure of an item and a mere inspection of the item was first suggested by Justice Stewart.

Mincey v. Arizona, supra, in saying that a warrantless search must be "strictly circumscribed by the exigencies which justify its initiation," 437 U.S. at 437 U. S. 393 (citation omitted), was addressing only the scope of the primary.

To ensure that one branch does not become too powerful, the Constitution divides power among the three branches to create a system of, When voting on legislative matters, modern members of Congress must act as, a powerful tool that the president can use to influence legislation is. Court of appeals: The 13 courts of appeals are federal courts that hear appeals, mostly from federal district (i.e., trial) courts, but also from federal administrative agencies. A bullet fired through the floor of respondent's apartment injured a man on the floor below. _____ is a set of beliefs that holds people, not the government, responsible for their own well-being. Instead, the dispute in this case focuses on the application of the "immediately apparent" requirement; at issue is whether a police officer's reasonable suspicion is adequate to justify a cursory examination of an item in plain view. We have held that it can -- where, for example, the seizure is minimally intrusive and operational necessities render it the only practicable means of detecting certain types of crime.

Second, the officer must discover incriminating evidence "inadvertently." . The apartment was littered with drug paraphernalia. Case information is updated once an hour throughout the business day. Suspecting that they were stolen, he read and recorded their serial numbers -- moving some of the components, including a Bang and Olufsen turntable, in order to do so -- which he then reported by phone to his headquarters. Petition for certiorari: When a party in a case is unhappy with the decision of a lower court (a state court of last resort or a federal court of appeals), it can choose to file a brief asking the Supreme Court to hear its case.


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