hill
california
argued
january
decided
april
two
men
driving
petitioner
hill
car
arrested
narcotics
possession
search
car
disclosed
property
stolen
robbery
previous
day
men
admitted
taking
part
robbery
implicated
hill
shared
apartment
one
guns
used
robbery
stolen
property
reported
apartment
investigating
officer
checked
official
records
hill
verifying
association
one
informants
description
address
make
car
police
probable
cause
arrest
hill
without
search
arrest
warrant
went
apartment
found
man
matching
hill
description
arrestee
denied
hill
fact
denied
knowledge
guns
apartment
police
spotted
gun
ammunition
plain
view
arrested
man
searched
apartment
seized
guns
stolen
property
evidentiary
items
two
pages
hill
diary
hill
convicted
robbery
substantially
basis
items
seized
search
trial
judge
ruled
police
acted
good
faith
believing
arrestee
hill
district
appeal
agreed
officers
acted
good
faith
arrest
valid
thought
search
unreasonable
california
reversed
sustaining
arrest
search
hill
argues
chimel
california
narrowing
permissible
scope
searches
incident
arrest
decided
affirmance
conviction
state
courts
applied
case
direct
review
held
chimel
supra
inapplicable
searches
antedating
decision
regardless
whether
case
direct
collateral
review
involves
state
federal
prisoners
williams
ante
arrest
search
valid
fourth
amendment
since
police
probable
cause
arrest
hill
reasonably
believed
arrestee
hill
accordingly
entitled
law
allowed
arrestee
fact
hill
search
incident
arrest
seize
evidence
crime
probable
cause
believe
hill
committed
pp
since
hill
argument
admission
evidence
pages
diary
violated
fifth
amendment
rights
raised
properly
pp
white
delivered
opinion
burger
brennan
stewart
blackmun
joined
black
concurred
result
harlan
filed
concurring
dissenting
opinion
marshall
joined
post
douglas
took
part
consideration
decision
case
joseph
amato
appointed
reargued
cause
petitioner
ronald
george
deputy
attorney
general
california
reargued
cause
respondent
brief
thomas
lynch
attorney
general
william
james
assistant
attorney
general
keith
monroe
filed
brief
orange
county
criminal
courts
bar
association
et
al
amici
curiae
urging
reversal
duke
dunbar
attorney
general
pro
se
john
moore
deputy
attorney
general
filed
brief
attorney
general
colorado
et
al
amici
curiae
justice
white
delivered
opinion
june
four
armed
men
robbed
residence
studio
city
california
june
alfred
baum
richard
bader
arrested
possession
narcotics
time
arrest
driving
petitioner
hill
car
search
car
produced
property
stolen
studio
city
robbery
day
bader
baum
admitted
taking
part
june
robbery
implicated
hill
bader
told
police
sharing
apartment
hill
sepulveda
boulevard
also
stated
guns
used
robbery
stolen
property
apartment
june
baum
bader
told
police
hill
involved
june
robbery
one
investigating
officers
checked
official
records
hill
verifying
prior
association
bader
age
physical
description
address
make
car
information
officer
uncovered
corresponded
general
descriptions
robbery
victims
statements
made
baum
bader
hill
concedes
information
gave
police
probable
cause
arrest
police
undertook
june
four
officers
went
sepulveda
boulevard
apartment
verified
address
knocked
one
officers
testified
door
opened
person
fit
description
exactly
archie
hill
received
cards
baum
bader
answered
door
placed
arrest
robbery
police
neither
arrest
search
warrant
arresting
man
answered
door
asked
whether
hill
guns
stolen
goods
arrestee
replied
hill
name
miller
hill
apartment
waiting
hill
also
claimed
knew
nothing
stolen
property
guns
although
police
testified
automatic
pistol
clip
ammunition
lying
plain
view
coffee
table
living
room
arrest
took
place
arrestee
produced
identification
indicating
fact
miller
police
unimpressed
proceeded
search
apartment
living
room
bedroom
kitchen
area
bath
period
one
officer
described
couple
hours
course
search
police
seized
several
items
rent
receipts
personal
correspondence
bearing
hill
name
dresser
drawer
bedroom
starter
pistol
two
switchblade
knives
camera
case
stolen
studio
city
robbery
two
hoodmasks
made
white
bedroom
revolver
living
room
sofa
two
pages
petitioner
hill
diary
bedroom
dresser
drawer
october
hill
found
guilty
robbery
basis
evidence
produced
preliminary
hearing
trial
eyewitnesses
robbery
unable
identify
hill
substantial
evidence
guilt
consisted
items
seized
search
apartment
sustaining
admissibility
evidence
trial
judge
ruled
arresting
officers
acted
belief
miller
fact
hill
district
appeal
agreed
officers
acted
good
faith
arrest
miller
valid
nonetheless
thought
incident
search
hill
apartment
unreasonable
fourth
amendment
cal
rptr
california
turn
reversed
sustaining
arrest
search
cal
granted
certiorari
affirm
judgment
california
petitioner
argues
chimel
california
decided
conviction
affirmed
california
applied
case
us
direct
review
chimel
narrowed
permissible
scope
searches
incident
arrest
williams
elkanich
ante
held
chimel
inapplicable
searches
occurring
date
decision
case
regardless
whether
case
still
direct
review
chimel
decided
see
williams
supra
whether
chimel
challenge
asserted
subsequent
collateral
attack
conviction
see
elkanich
supra
also
stated
light
past
decisions
difference
constitutional
terms
state
federal
prisoners
insofar
retroactive
application
cases
new
interpretation
bill
rights
concerned
ante
search
hill
apartment
permissible
scope
standards
retrospectively
invalidated
decision
ii
based
examination
record
find
reason
disturb
either
findings
california
courts
police
probable
cause
arrest
hill
arresting
officers
reasonable
goodfaith
belief
arrestee
miller
fact
hill
conclusion
hen
police
probable
cause
arrest
one
party
reasonably
mistake
second
party
first
party
arrest
second
party
valid
arrest
cal
police
unquestionably
probable
cause
arrest
hill
also
address
verified
description
mailbox
indicated
address
listed
hill
occupant
apartment
upon
gaining
entry
apartment
confronted
one
fit
description
hill
received
various
sources
person
claimed
miller
hill
aliases
false
identifications
uncommon
moreover
lock
door
miller
explanation
mode
entry
convincing
also
denied
knowledge
firearms
apartment
although
pistol
loaded
ammunition
clip
plain
view
room
upshot
officers
good
faith
believed
miller
hill
arrested
quite
wrong
turned
subjective
belief
justify
either
arrest
subsequent
search
sufficient
probability
certainty
touchstone
reasonableness
fourth
amendment
record
us
officers
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arrest
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response
situation
facing
time
agree
petitioner
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miller
subsequent
search
violated
fourth
amendment
true
miller
hill
miller
authority
control
premises
although
least
hill
guest
question
evidence
admissible
hill
miller
matter
police
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miller
arrested
hill
apartment
carried
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issue
probable
cause
arrest
hill
police
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miller
hill
apartment
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circumstances
police
entitled
law
allowed
miller
fact
hill
search
incident
arrest
seize
evidence
crime
police
probable
cause
believe
hill
committed
judged
accordance
factual
practical
considerations
everyday
life
reasonable
prudent
men
legal
technicians
act
brinegar
arrest
subsequent
search
reasonable
valid
fourth
amendment
iii
finally
brief
petitioner
argues
admission
evidence
two
pages
diary
pages
contained
amounted
confession
robbery
violated
fifth
amendment
boyd
counsel
hill
conceded
oral
argument
fifth
amendment
issue
raised
trial
issue
raised
briefed
argued
california
appellate
courts
petition
certiorari
likewise
ignored
posture
case
question
although
briefed
argued
properly
us
cardinale
louisiana
certiorari
granted
consider
constitutionality
louisiana
statute
oral
argument
developed
federal
question
never
raised
preserved
passed
upon
state
courts
relying
long
line
cases
dismissed
writ
want
jurisdiction
addition
stated
sound
policy
reasons
adhering
rule
context
case
indicated
desirability
allowing
state
courts
pass
first
constitutionality
state
statutes
light
federal
constitutional
challenge
assures
adequate
record
first
opportunity
provide
definitive
interpretation
statutes
also
indicated
federal
habeas
corpus
remedy
might
remain
state
procedure
raising
issue
available
following
dismissal
writ
considerations
less
applicable
case
therefore
reach
fifth
amendment
question
affirm
judgment
california
ordered
justice
douglas
took
part
consideration
decision
case
footnotes
see
supra
trial
judge
stated
fully
reviewed
evidence
determined
officer
good
faith
believed
defendant
person
arrested
defendant
case
believed
officer
good
faith
hill
whether
document
consisting
two
pages
private
diary
hill
admitted
depends
whether
time
arrest
search
premises
officer
acted
good
faith
justice
ford
stated
doctrine
probable
cause
assures
balance
rights
individual
government
respect
matter
arrest
constitutional
protection
unreasonable
searches
particularly
person
home
less
complete
plenary
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justified
incident
arrest
person
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officer
immediate
charge
premises
case
one
right
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cal
california
relied
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miller
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app
cal
rptr
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campos
cal
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rptr
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lopez
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cal
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dictum
preliminary
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established
miller
two
inches
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heavier
hill
denying
motion
suppress
trial
judge
took
judicial
notice
fact
apprehended
arrested
many
times
attempt
avoid
arrest
giving
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identification
petitioner
points
officers
idea
miller
gained
access
hill
apartment
asserts
improper
assume
lawfully
undisputed
miller
occupant
apartment
one
officers
testified
lock
door
asked
miller
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apartment
miller
made
specific
reply
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reiterate
come
waiting
hill
tenant
petitioner
also
claims
unreasonable
officers
disregard
miller
proffered
identification
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miller
answer
question
firearms
reasonably
regarded
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subsequent
production
identification
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petitioner
stresses
miller
subsequently
booked
name
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station
house
arguing
demonstrates
officers
belief
miller
hill
unreasonable
however
trial
judge
found
arresting
officer
responsible
booking
procedures
miller
booked
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name
gave
station
house
conclusion
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fact
miller
released
custody
day
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thorough
check
identification
revealed
fact
told
truth
identity
despite
evasiveness
dealing
officers
apartment
tr
oral
rearg
justice
harlan
justice
marshall
joins
concurring
part
dissenting
part
agree
opinion
except
conclusion
chimel
case
applied
one
two
terms
ago
chimel
california
held
search
without
warrant
incident
lawful
arrest
must
narrowly
confined
scope
pass
constitutional
muster
circumstances
said
ample
justification
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arrestee
person
area
within
immediate
control
construing
phrase
mean
area
within
might
gain
possession
weapon
destructible
evidence
comparable
justification
however
routinely
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room
arrest
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desk
drawers
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areas
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searches
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authority
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warrant
adherence
judicial
processes
mandated
fourth
amendment
requires
less
omitted
believe
case
reveals
obvious
violation
chimel
consider
duty
bound
apply
principles
enunciated
cases
like
one
us
direct
review
see
separate
opinion
mackey
companion
cases
ante
decided
today
compelled
cast
vote
reversal
judgment
california