Case Briefs

Arizona v . Hicks

489 U .S . 321 (1987

Facts : A bullet was fired through the floor of the respondent 's room which caused injury to a man . The police immediately entered the respondent 's room to check if there were other victims and their search yielded three weapons and a stocking cap mask . One of the responding cops noticed an expensive looking stereo component which seemed inconsistent with the ill-maintained apartment . Suspecting that said stereo and turntable were not legally obtained , the cop record the serial number of the appliance and

reported them to their police station . Note that the cop had to move the stereos in to see the serial numbers . Upon receiving confirmation from the station that the subject stereos were taken in an armed robbery , the police officer decided to seize the equipment and a robbery charge against the respondent . Both the state courts refused to uphold the policeman 's action as reasonable search and seizure under the plain view doctrine

Issues

Whether or not the recording of the serial number constitute a search and seizure

Whether or not the search and seizure is reasonable under the plainview doctrine

Holding

Mere recording of the serial number does not constitute search and seizure . However , the act of moving the appliances in to see the serial numbers is violative of the Fourth Amendment right against unreasonable search and seizure

The search and seizure of the stereo cannot be justified under the plain view doctrine

Majority Opinion...