Arizona v. Hicks Supreme Court Case, Arguments, Impact

Arizona v. Hicks (1987) clarified the need for probable cause when seizing evidence in plain view. The United States Supreme Court found that officers must reasonably suspect criminal activity in order for them to lawfully seize items in plain view without a search warrant. Fast Facts: Arizona v. Hicks Case Argued:  December 8, 1986Decision Issued: March 3, 1987Petitioner: State of Arizona, represented by the Assistant Attorney General of Arizona, Linda A. AkersRespondent: James Thomas HicksKey Questions: Is it illegal for a police officer to conduct a warrantless search and seizure of evidence in plain view without probable cause?Majority:  Justices Scalia, Brennan, White, Marshall, Blackmun, StevensDissenting: Justices Powell, Rehnquist, OConnorRuling: Police officers must have probable cause, even if the evidence they are seizing is in plain view. Facts of the Case On April 18, 1984, a gun was fired in James Thomas Hicks’ apartment. The bullet sailed through the floor and struck an unsuspecting neighbor below. Police officers arrived on the scene to help the injured man, and quickly realized the bullet had come from the apartment above. They entered Hicks’ apartment to locate the shooter, weapon, and any other possible victims. One police officer, referred to in the Supreme Courts ruling as Officer Nelson, noticed high-end stereo equipment that seemed out of place in the otherwise â€Å"squalid† four-room apartment. He moved the items to get a look at their serial numbers so that he could read and report them to headquarters. Headquarters alerted Officer Nelson that one piece of equipment, a turntable, had been stolen in a recent robbery. He seized the item as evidence. Officers later matched some of the other serial numbers to open robbery cases and seized more stereo equipment from the apartment with a warrant. Based on the evidence found in his apartment, Hicks was indicted for robbery. At trial, his attorney motioned to suppress evidence uncovered from the search and seizure of the stereo equipment. The state trial court granted the motion to suppress, and on appeal, the Arizona Court of Appeals affirmed. The Arizona Supreme Court denied review and the U.S. Supreme Court took the case on a petition. Constitutional Issues Coolidge v. New Hampshire had established the â€Å"plain view† doctrine, which allows police to seize evidence of criminal activity that is in plain view. The question posed to the Supreme Court in Arizona v. Hicks was whether or not police first need probable cause to initiate search and seizure of an item in plain view. More specifically, was moving the turntable in Hicks’ apartment to read its serial numbers considered a search under the Fourth Amendment? How does the â€Å"plain view† doctrine affect the legality of the search? Arguments Assistant Attorney General Arizona, Linda A. Akers, argued the case on behalf of the state. In the state’s opinion, the officer’s actions were reasonable and the serial numbers were in plain view. Officer Nelson entered the apartment through legal means to investigate the commission of a crime. The stereo equipment had been left out in plain view, which suggested that Hicks’ had no expectation that the equipment or its serial numbers would be kept private, Akers argued. John W. Rood III argued the case for the petitioner. According to Rood, the stereo equipment was tangential to the reason that officers had entered the apartment. They were searching for evidence of gun violence, not robbery. Officer Nelson acted on a suspicious feeling when he examined the stereo equipment. That feeling was not enough to justify a search and seizure of evidence without a warrant, Rood argued. In order to write down the serial numbers, the officer had to touch the equipment and move it, proving that the numbers were not readily apparent. â€Å"Wherever a policeman’s eye may go, his body need not follow,† Rood told the Court. Majority Ruling Justice Antonin Scalia delivered the 6-3 decision. The majority found that probable cause is required to invoke the plain view doctrine when seizing evidence.   Justice Scalia broke down the case into several separate issues. First, he considered the legality of the initial search. When officers first entered Hicks’ apartment, they did so under exigent (emergency) circumstances. Shots had been fired and they were attempting to apprehend the suspect and evidence of the crime. Thus, the search and seizure of evidence within Hicks’ apartment was valid under the Fourth Amendment, Justice Scalia reasoned. Next, Justice Scalia examined Officer Nelson’s actions once within Hicks’ apartment. The officer noticed the stereo but had to move it to access its serial numbers. This qualified as a search because the serial numbers would have been hidden from sight if Officer Nelson had not repositioned the object. The content of the search was not important, Justice Scalia wrote, because â€Å"a search is a search, even if it happens to disclose nothing but the bottom of a turntable.† Finally, Justice Scalia addressed whether or not the warrantless search was legal under the Fourth Amendment. The officer lacked probable cause to search the stereo equipment, relying only on his â€Å"reasonable suspicion† that it might be stolen, he wrote. This was insufficient to satisfy the requirements of the plain view doctrine. In order to seize something in plain view during a warrantless search, the officer must have probable cause. This means that an officer must have a reasonable belief, based on factual evidence, that a crime has been committed. When Officer Nelson seized the stereo equipment, he had no way of knowing that a theft had occurred or that the stereo equipment could be linked to that theft. Dissent Justices Powell, O’Connor, and Rehnquist dissented. Justice Powell argued that there was little difference between looking at an object and moving it as long as both actions were based on reasonable suspicion. Justice Powell thought Officer Nelson’s suspicion was reasonable because it was based on his factual perception that the stereo equipment seemed out of place. Justice O’Connor suggested that Officer Nelson’s actions constituted more of a â€Å"cursory inspection† rather than a â€Å"full-blown search† and should be justified by reasonable suspicion rather than probable cause. Impact Arizona v. Hicks set a precedent for considering probable cause in relation to plain view. The Court took a â€Å"bright-line† approach to eliminate any uncertainty as to what level of suspicion is required to conduct a search and seizure of evidence in plain view. Privacy advocates applauded the decision because it limited the range of actions a police officer can take when conducting a plain view search of a private residence. Critics of the ruling focused on the fact that it might hinder reasonable law enforcement practices. Despite concerns, the ruling still informs police protocol today. Sources Arizona v. Hicks, 480 U.S. 321 (1987).Romero, Elsie. â€Å"Fourth Amendment: Requiring Probable Cause for Searches and Seizures under the Plain View Doctrine.†Ã‚  The Journal of Criminal Law and Criminology (1973-), vol. 78, no. 4, 1988, p. 763., doi:10.2307/1143407.

Letter From Birmingham Jail Analysis - 1172 Words

When you hear the name Martin Luther King Jr., the first thing that comes to mind is probably racism against African Americans. He is famous for his wisdom and persuasive speeches against segregation of African Americans. This statement holds strongly true because today diverse races are integrated all over the united states. For what ever reason, Martin has been an inspiration to many African Americans. He accomplished his success mostly through speeches, but also through his written essays. Although, his speeches were intense and filled with much persuasion, Martin had a way with words when he wrote too. This is displayed in professional fashion in the Letter From Birmingham Jail. Martin displayed a circus of statements in response to†¦show more content†¦Place an order, add your paper details and enjoy the results! You can keep in touch with your writer, check the draft of your paper and send your order for revision for free. If you are hesitating to place an order â€⠀œ just ask for a quote! This statement invoked his passion to display his feelings lovingly and accept his penalties for them. This was done because he felt it was worth it to make the community aware of its injustice. In doing so, he realized in reality the world doesnt want to listen, but eventually they would. It was inevitable that the community would face this problem even in the future to come. So in order to reduce the severity of this mishap, Martin responded against the unjust acts with wisdom and love. Even if he was arrested or treated badly, some how his voice was heard around the world. Not only did Martin persuade the readers and or listeners with words of wisdom, but he also used quotes, good or bad, to argue against segregation and to explain why it was unjust. For example, Are you able to endure the ordeal of jail? (332). This quote may be asked by you the people. This question was actually used in numerous workshops on non violence. While there were other questions to ponder upon, Martins main goal was to make the public aware of the problems it faces everyday. In doing so, it opened an array of problems because the people didnt want to face the truth. Instead itShow MoreRelatedRhetorical Analysis Of Letter From Birmingham Jail1052 Words   |  5 Pagesdiscrimination is? A Rhetorical Analysis of Letter From Birmingham Jail It is known to all that Martin Luther King is a famous person in America, who strongly goes against the racial discrimination all the time. Here, in this letter, Letter from Birmingham Jail, it is easy for us to realize that racial discrimination appears and the non-violence action is still serious at that time. As a matter of fact, this letter is coming from the people in the Birmingham jail, stating their inner thoughts aboutRead MoreLetter From Birmingham Jail Analysis850 Words   |  4 Pagesfriends. (MLK)† This quote from the inspirational civil rights leader captures the motivation behind his â€Å"Letter from Birmingham Jail.† He wrote this letter in 1963--after he had been jailed--in response to southern white clergy who called his actions â€Å"unwise and untimely.† Although MLK utilizes many varying appeals and devices, Kairos and anaphora are the most forceful because they pressure the white clergy and stimulate guilt in them. MLK inserts kairos in his letter to pressure the white clergyRead MoreRhetorical Analysis Letter from Birmingham Jail1517 Words   |  7 PagesPonder Eng291-001 13 September 2013 Rhetorical Analysis Rhetorical Analysis of â€Å"Letter from Birmingham Jail† â€Å"Letter from Birmingham Jail,† by Martin Luther King, Jr., is a letter in which King is writing to his â€Å"fellow clergymen† in a response to their recent criticism of the actions he was leading in Birmingham at the time. 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A Razorblade Romance Free Essays

He was lying on the bedroom floor surrounded by his own crimson fluid dripping from the open wound in his neck. She found him all alone it wasn’t right for her to find him like that, it scarred her for life physically and emotionally. It was 6am and they were all happy getting ready for the big day with all the arrangements in place everything was going to be perfect. We will write a custom essay sample on A Razorblade Romance or any similar topic only for you Order Now Her maid was perfecting her hair into the most beautiful curls, and he was helping the best man with his speech. When all was ready she covered her dress with a long red coat so that it didn’t get dirty, â€Å"The car is here we better get going† she called to her maids and her friend who was her maid of honour. They all piled into the vehicle and disappeared over the horizon towards the church. He, on the other hand, was very nervous. His heart was beating faster than it ever had before and his palms were sweating profusely, it was abnormal. He told the best man to go get into the car and that he would meet him there, he had a few more things to take care of. Now he was alone. At first he didn’t know what to do with himself. He was pacing up and down the room trying to control his breathing. He could hear the car beeping the horn for him to hurry, he didn’t know what to do. When he got himself together and was finally ready the maid came in crying. He went up to her and kissed her and said everything was going to be alright. She replied in a murmured voice he didn’t fully understand at first, she then repeated what she had first said and he stood back with the look of shock in his eyes. He suddenly realised then he can’t live the life he has. He has a fiancà ¯Ã‚ ¿Ã‚ ½ to go and marry, and a mistress in front of him telling him she is now pregnant with his child. The maid cleaned her face and told him to leave his fiancà ¯Ã‚ ¿Ã‚ ½ now, otherwise if he goes ahead with the marriage he will never be able to get away from this life he has created. He looked at her struggling for words to say, he didn’t know what he should do. He thought about running away with the maid, whom he doesn’t love now, which would make him miserable, and marrying his fiancà ¯Ã‚ ¿Ã‚ ½ would make him the happiest man alive, but to have her find out about this would be too much of a risk. There is a fine line between life and death he thought, in life you do as much as you can to make you happy and live it to the full, but death, death is the coward’s way out and only something that’s supposed to happen when you’re old. He looked at himself in the mirror and knew that there was not much to live for anymore. He was a coward and that would never change. His time had come to end all of these affairs. So he took a knife and told the maid to leave and that he would meet her down in the foyer of the house. After she had left he brought the knife to his throat and made it a quick and painless experience so that he didn’t have to hurt anymore. When she arrived home crying and miserable she ran upstairs to her room and took off her gown. She cried so much her lungs felt sore and swollen. She wondered where he could be and went to his room. As she opened the door she saw red on the floor and was curious as to what it was. She walked in and that’s when she found him. How to cite A Razorblade Romance, Papers