Walter v. United States (1979)
- Docket
- 79-67
- Decided
- 1979-01-01
Summary
Question: Is the warrantless projection of films a violation of the Fourth Amendment? Conclusion: Yes. Justice John Paul Stevens delivered the opinion of the 5-4 majority. The Court held that projection and viewing of the films constituted a search, and there were no exigent circumstances to justify the lack of a warrant. The fact that the FBI was lawfully in possession of the boxes did not grant them the authority to view the films without a warrant. The Court also held that the fact that the boxes had been opened by a third party, which placed information about the content of the films in plain view, did not alter the owner’s legitimate expectation of privacy. Justice Thurgood Marshall concurred in the judgment. Justice Byron R. White wrote an opinion concurring in part and concurring in judgment. He argued that even if the films had been viewed by a third party before the FBI viewed them, the government could not consider the films to be in plain view and warrants unnecessary. Justice William J. Brennan, Jr. joined in the partial concurrence and partial dissent. Justice Harry A. Blackmun wrote a dissent and argued that the Fourth Amendment only prevented unlawful searches and seizures by the government. Because the FBI received the films after the boxes had been opened to the point that the suggestive material was visible, the FBI’s viewing of the films did not violate Fourth Amendment rights.