. (1969), but involving a pre-Chimel incident, Hill presented a situation where officers, who had probable cause but no warrant to arrest Create New Group. This is stronger than when the police receive an anonymous telephone tip. (1925). A search pursuant to a warrant authorizing a search of the entire floor under those circumstances would present quite different issues from the ones before us in this case.

Whether the illegal threshold is viewed as the beginning of the entire premises or as the beginning of those premises that, upon closer examination, turn out to be excluded from the intended scope of the warrant, we cannot accept respondent's argument. Nothing, however, justified the full-scale search of respondent's apartment in which the officers engaged. M2-96 to M2-97, their existence alone puts a reasonable observer on notice that the three-story structure (with, possibly, a basement) had seven individual units. [ Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). If the officers had known, or should have known, that the third floor contained two apartments before they entered the living quarters on the third floor, and thus had been aware of the error in the warrant, they would have been obligated to limit their search to McWebb's apartment. Reply Brief for Petitioner 6. The majority contends that this reliance was unjustified, for, in making his statement, the trial judge was doing nothing more than rejecting respondent's contention that the warrant was general.

As it is, the officers made several requests of and questioned McWebb, without giving him Miranda warnings, and yet failed to ask him the question, obvious in the circumstances, concerning the exact location of his apartment. Reasonable cause for a stop and frisk can be based on more than the officer’s personal observation, but also on information supplied by another person. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course.

Given the somewhat symmetrical layout of the apartments, it is difficult to imagine that, in the initial security sweep, a reasonable officer would not have discerned that two apartments were on the third floor, realized his mistake, and then confined the ensuing search to McWebb's residence.

Given that a multiple-occupancy structure was at issue, the detective's inquiry of the gas company should not have relieved him of the obligation to pursue other, less burdensome steps to identify accurately the apartment to be searched, or to dispense with further investigation, such as inquiries directed to other utility companies, the building's owner, or the telephone company.  

Brief Fact Summary. Justice William Brennan (“J. Although, “while the Court’s decisions indicate that this informant’s unverified tip may have been insufficient for a narcotics arrest or search warrant, the information carried enough indicia of reliability to justify the officer’s forcible stop of [Respondent].” The majority observed that the arresting officer had ample reason to fear for his own safety when he approached the Respondent in a high-crime area early in the morning. Coolidge v. New Hampshire, Moreover, a reasonable officer would have realized the mistake in the warrant during the moments following the officers' entrance to the third floor. [480 41, 46. Had he done so, he would have discovered, as did another officer on the day of executing the warrant, id., at 13, that there were seven separate mailboxes and bells on the porch outside the main entrance to the house. U.S. 79, 95] Harris v. New York Case Summary, 445 U.S. 573, 100 S. Ct. 1371, 63 L. Ed. Id., at M2-165. Footnote 9 Accordingly, even if a reasonable error on the part of police officers prevents a Fourth Amendment violation, the mistakes here, both with respect to obtaining and executing the warrant, are not reasonable and could easily have been avoided. No further search of respondent's apartment was made.   McWebb provided the key that opened the doors on the first floor and on the third floor. Applying the above principles to this case, I conclude that the search of respondent's apartment was improper. You have successfully signed up to receive the Casebriefs newsletter. 35. See, e. g., United States v. Davis, 557 F.2d, at 1247 (efforts in providing affidavit justifying search warrant deemed adequate where officers had checked all utilities). [ App. 2d, at 522; 303 Md., at 387-390, 494 A. Suppression Hearing Tr. App. 475 [

Footnote 8 Brennan”) drafted a dissenting opinion relying on Justice Friendly’s opinion in the lower court, and argued that the arresting officer did not show sufficient cause to justify his “forcible stop.” Justice [ ] Marshall and Justice [ ]Douglas drafted a dissenting opinion arguing that the majority improperly construed Terry, because Terry was meant to be a “narrowly drawn” exception to the warrant requirement. Appeals concluded that the warrant did not authorize the search of respondent's apartment and the police had no justification for making a warrantless entry into his premises. This statement appears to be a reference to long-range, possibly telescopic, observations of McWebb's apartment while the informant purchased drugs from McWebb. U.S. 23, 42 ] When the officers confronted McWebb in the street, however, he believed that they had a warrant for his arrest. U.S., at 478 Your Study Buddy will automatically renew until cancelled.

From this vantage point he had time to observe the seven mailboxes and bells; indeed, he rang all seven bells, apparently in an effort to summon some resident to open the front door to the search party. Accordingly, if, as appears to be the case, the warrant was limited in its description to the third-floor apartment of McWebb, then the search of an additional apartment - respondent's - was warrantless and is presumed unreasonable "in the absence of some one of a number of well defined `exigent circumstances.'" U.S. 752 U.S. 204, 211 With the benefit of hindsight, however, we now know that the description of that place was broader than appropriate because it was based on the mistaken belief that there was only one apartment on the third floor of the building at 2036 Park Avenue. Under this Court's precedents, the search of respondent Garrison's apartment violated the Fourth Amendment. ] "Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. Rather than containing any "plain statement" that the decision rests upon adequate and independent state grounds, see Michigan v. Long,

[480   (1972)); United States v. Karo, We shall discuss the questions separately. This statement indicates that the "state court decision fairly appears to rest primarily on federal law, or to be interwoven with the federal law . You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time.
U.S. 436 Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). All of the officers reasonably believed that they were searching McWebb's apartment. In the Court's view, the "objective facts" did not put the officers on notice that they were dealing with two separate apartments on the third floor until the moment, considerably into the search after they had rummaged through a dresser and a closet in respondent's apartment and had discovered evidence incriminating him, when they realized their "mistake." 2d, at 199, the two apartments were almost a mirror image of each other - each had a bathroom, a kitchen, a living room, and a bedroom. 9.

. App. Ibid. [ The trial court then ruled, "It is clear that the warrant specified the premises to be searched as the third floor apartment of the Defendant McWebb . apartment of the Defendant McWebb" - was authorized by the warrant. Payton v New York. 463 Ibid. U.S. 797 it is questionable whether that standard was It would then have been reasonable for the officers, aware of the problem, from Detective Shea's discovery, in the specificity of their warrant, to ask McWebb whether his apartment was the only one on the third floor. 7 ] Cf.

374 Synopsis of Rule of Law. Those items of evidence that emerge after the warrant is issued have no bearing on whether or not a warrant was validly issued.

[ A reasonable officer in Detective Shea's position, already aware that this was a multiunit building and now armed with further knowledge of the number of units in the structure, would have conducted at that time more investigation to specify the exact location of McWebb's apartment before proceeding further. This means that they must clearly distinguish the target unit from the others in order to avoid infringing upon the Fourth Amendment rights of other occupants of the building. The question presented is whether the seizure of that contraband was prohibited by the Fourth Amendment. Suppression Hearing Tr. [480 App. [480 Ante, at 85-86, n. 10. Footnote 7 ] Nothing McWebb did or said after he was detained outside 2036 Park Avenue would have suggested to the police that there were two apartments on the third floor. In such circumstances, which strongly suggest that McWebb was already in custody, it was proper for the officers to administer to him warnings pursuant to Miranda v. Arizona, He did not approach it, however, to gather information about the configuration of the apartments. See Payton v. New York,   Before the officers became aware that they were in respondent's apartment, they discovered the contraband that provided the basis for respondent's conviction for violating Maryland's Controlled Substances Act. As would appear in the course Although it is not entirely clear that the drug could have been seized immediately under the "plain The vehicle belonged to none of the men present. it was clear that neither McWebb nor his passenger was free to leave. [480

6, it appears that the detective never thought to ask the informant whether McWebb's apartment was the only one on the third floor. 45. [ -163 (1947) (Frankfurter, J., dissenting).

Because the State has not advanced any such exception to the warrant requirement, the evidence obtained as a result of this search should have been excluded. U.S. 917 of Oral Arg. See n. 3, supra. ] Article 26 of the Maryland Declaration of Rights provides: [ By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit. 2d 639 (1980) Illinois v. Gates462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed.

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