Arizona v. Hicks (1986)
- Docket
- 85-1027
- Decided
- 1986-01-01
Summary
Question: Was the search of the stereo equipment (a search beyond the exigencies of the original entry) reasonable under the Fourth and Fourteenth Amendments? Conclusion: No. The Court found that the search and seizure of the stereo equipment violated the Fourth and Fourteenth Amendments. Citing the Court's holding in Coolidge v. New Hampshire (1971), Justice Scalia upheld the "plain view" doctrine which allows police officers under some circumstances to seize evidence in plain view without a warrant. However, critical to this doctrine, argued Scalia, is the requirement that warrantless seizures which rely on no "special operational necessities" be done with probable cause. Since the officer who seized the stereo equipment had only a "reasonable suspicion" and not a "probable cause" to believe that the equipment was stolen, the officer's actions were not reconcilable with the Constitution.