california carney argued october decided may drug enforcement administration dea agent information respondent mobile motor home used exchange marihuana sex watched respondent approach youth accompanied respondent motor home parked lot downtown san diego agent agents kept vehicle surveillance stopped youth left vehicle told received marihuana return allowing respondent sexual contacts agents request youth returned motor home knocked door respondent stepped without warrant consent one agent entered motor home observed marihuana subsequent search motor home police station revealed additional marihuana respondent charged possession marihuana sale motion suppress evidence discovered motor home denied respondent convicted california superior plea nolo contendere california appeal affirmed california reversed holding search motor home unreasonable motor vehicle exception warrant requirement fourth amendment apply expectations privacy motor home like dwelling automobile held warrantless search respondent motor home violate fourth amendment pp vehicle used highways capable use found stationary place regularly used residential purposes two justifications vehicle exception come play first vehicle readily mobile second reduced expectation privacy stemming pervasive regulation vehicles capable traveling highways respondent vehicle possessed attributes home clearly falls within vehicle exception distinguish respondent motor home ordinary sedan purposes vehicle exception require exception applied depending size vehicle quality appointments moreover fail apply exception vehicles motor home ignore fact motor home lends easily use instrument illicit drug traffic illegal activity pp search question unreasonable one magistrate authorized presented facts dea agents based uncontradicted evidence respondent distributing controlled substance vehicle abundant probable cause enter search vehicle pp burger delivered opinion white blackmun powell rehnquist joined stevens filed dissenting opinion brennan marshall joined post louis hanoian deputy attorney general california argued cause petitioner briefs john van de kamp attorney general steve white chief assistant attorney general michael wellington john carney deputy attorneys general thomas homann argued cause respondent brief dale manicom briefs amici curiae urging reversal filed solicitor general lee assistant attorney general trott deputy solicitor general frey alan horowitz kathleen felton state minnesota et al hubert humphrey iii attorney general minnesota thomas catania paul kempainen special assistant attorneys general jim smith attorney general florida tany hong attorney general hawaii michael lilly first deputy attorney general frank bell george schraer filed brief california state public defender amicus curiae urging affirmance chief justice burger delivered opinion granted certiorari decide whether law enforcement agents violated fourth amendment conducted warrantless search based probable cause fully mobile motor home located public place may drug enforcement agency agent robert williams watched respondent charles carney approach youth downtown san diego youth accompanied carney dodge mini motor home parked nearby lot carney youth closed window shades motor home including one across front window agent williams previously received uncorroborated information motor home used another person exchanging marihuana sex williams assistance agents kept motor home surveillance entire one hours carney youth remained inside youth left motor home agents followed stopped youth told agents received marihuana return allowing carney sexual contacts agents request youth returned motor home knocked door carney stepped agents identified law enforcement officers without warrant consent one agent entered motor home observed marihuana plastic bags scale kind used weighing drugs table agent williams took carney custody took possession motor home subsequent search motor home police station revealed additional marihuana cupboards refrigerator respondent charged possession marihuana sale preliminary hearing moved suppress evidence discovered motor home magistrate denied motion upholding initial search justifiable search persons subsequent search routine inventory search respondent renewed suppression motion superior superior also rejected claim holding probable cause arrest respondent search motor home authorized automobile exception fourth amendment warrant requirement motor home seized without warrant instrumentality crime respondent pleaded nolo contendere charges placed probation three years respondent appealed order placing probation california appeal affirmed reasoning vehicle exception applied respondent motor home cal app cal rptr california reversed conviction cal disagree conclusion trial agents probable cause arrest respondent believe vehicle contained evidence crime however held search unreasonable warrant obtained rejecting state argument vehicle exception warrant requirement apply reached decision concluding mobility vehicle longer prime justification automobile exception rather answer lies diminished expectation privacy surrounds automobile california held expectations privacy motor home like dwelling automobile primary function motor homes provide transportation provide occupant living quarters granted certiorari reverse ii fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures fundamental right preserved requirement searches conducted pursuant warrant issued independent judicial officer course exceptions general rule warrant must secured search undertaken one automobile exception issue case exception warrant requirement first set forth years ago carroll recognized privacy interests automobile constitutionally protected however held ready mobility automobile justifies lesser degree protection interests rested exception distinction stationary structures vehicles guaranty freedom unreasonable searches seizures fourth amendment construed practically since beginning government recognizing necessary difference search store dwelling house structure respect proper official warrant readily may obtained search ship motor boat wagon automobile contraband goods practicable secure warrant vehicle quickly moved locality jurisdiction warrant must sought emphasis added however although ready mobility alone perhaps original justification vehicle exception later cases made clear ready mobility basis exception reasons vehicle exception said twofold besides element mobility less rigorous warrant requirements govern expectation privacy respect one automobile significantly less relating one home office ibid even cases automobile immediately mobile lesser expectation privacy resulting use readily mobile vehicle justified application vehicular exception see cady dombrowski supra cases configuration vehicle contributed lower expectations privacy example held cardwell lewis supra passenger compartment standard automobile relatively open plain view lesser expectations privacy even enclosed repository areas involved concluded lesser expectations privacy warrant application exception applied exception context locked car trunk cady dombrowski supra sealed package car trunk ross supra closed compartment dashboard chambers maroney supra interior vehicle upholstery carroll supra sealed packages inside covered pickup truck johns reduced expectations privacy derive fact area searched plain view pervasive regulation vehicles capable traveling public highways cady dombrowski supra explained south dakota opperman inventory search case automobiles unlike homes subjected pervasive continuing governmental regulation controls including periodic inspection licensing requirements everyday occurrence police stop examine vehicles license plates inspection stickers expired violations exhaust fumes excessive noise noted headlights safety equipment proper working order vehicle used highways readily capable use found stationary place regularly used residential purposes temporary otherwise two justifications vehicle exception come play first vehicle obviously readily mobile turn ignition key actually moving second reduced expectation privacy stemming use licensed motor vehicle subject range police regulation inapplicable fixed dwelling least circumstances overriding societal interests effective law enforcement justify immediate search vehicle occupants become unavailable true respondent vehicle possessed many attributes home equally clear vehicle falls clearly within scope exception laid carroll applied succeeding cases like automobile carroll respondent motor home readily mobile absent prompt search seizure readily moved beyond reach police furthermore vehicle licensed operate public streets serviced public places subject extensive regulation inspection rakas illinois powell concurring vehicle situated objective observer conclude used residence vehicle respondent urges us distinguish vehicle vehicles within exception capable functioning home increasingly mobile society many vehicles used transportation used transportation shelter home residence distinguish respondent motor home ordinary sedan purposes vehicle exception require apply exception depending upon size vehicle quality appointments moreover fail apply exception vehicles motor home ignores fact motor home lends easily use instrument illicit drug traffic illegal activity ross declined distinguish worthy unworthy containers noting central purpose fourth amendment forecloses distinction decline today distinguish worthy unworthy vehicles either public roads highways situated reasonable conclude vehicle used residence application vehicle exception never turned uses vehicle might put exception historically turned ready mobility vehicle presence vehicle setting objectively indicates vehicle used transportation two requirements application exception ensure law enforcement officials unnecessarily hamstrung efforts detect prosecute criminal activity legitimate privacy interests public protected applying vehicle exception circumstances allows essential purposes served exception fulfilled assuring exception acknowledge legitimate privacy interests iii question remains whether apart lack warrant search unreasonable vehicle exception warrant requirement nly prior approval magistrate waived search otherwise must magistrate authorize ross supra search unreasonable plainly one magistrate authorize presented facts dea agents fresh direct uncontradicted evidence respondent distributing controlled substance vehicle apart evidence possible offenses agents thus abundant probable cause enter search vehicle evidence crime notwithstanding possible use dwelling place judgment california reversed case remanded proceedings inconsistent opinion ordered footnotes exceptions courts hesitated apply vehicle exception vehicles automobiles see rollins airplane cert denied need pass application vehicle exception motor home situated way place objectively indicates used residence among factors might relevant determining whether warrant required circumstance location whether vehicle readily mobile instead instance elevated blocks whether vehicle licensed whether connected utilities whether convenient access public road justice stevens justice brennan justice marshall join dissenting character place searched plays important role fourth amendment analysis case police officers searched mini motor home california correctly characterized vehicle hybrid combines mobility attribute automobile privacy characteristics house hybrid character motor home places crossroads privacy interests generally forbid warrantless invasions home payton new york law enforcement interests support exception warrantless searches automobiles based probable cause ross choosing follow latter route errs three respects entered new territory prematurely accorded priority exception rather general rule abandoned limits exception imposed prior cases recent terms displayed little confidence state lower federal decisions purport enforce fourth amendment unless order suppressing evidence clearly correct petition certiorari likely garner four votes required grant plenary review one case much burdensome workload product aggressiveness area promoting high magistrate every warrantless search seizure practice burdened argument docket cases presenting errors minimal significance also encouraged state legal officers file petitions certiorari even frivolous search seizure cases lack trust lower judicial authority resulted another improvident exercise discretionary jurisdiction modest extension fourth amendment precedents california held police officers may conduct nonexigent search motor home without warrant supported probable cause state california filed petition certiorari contending decision conflicted authority jurisdictions even cursory examination cases alleged conflict revealed consider question presented case american citizen deprived right secured constitution federal statute rather state upheld citizen assertion right finding citizen protected federal state law michigan long stevens dissenting unusually perceptive study docket stated reference california ramos situation rarely presents compelling reason review absence fully percolated conflict decision forge ahead established rule searching motor homes followed entire nation merely allowed decision stand governed searches vehicles single state breadth mandate counsels greater patience offer binding judgment meaning constitution premature resolution novel question presented stunted natural growth refinement alternative principles despite age automobile exception countless cases applied prior cases defining contours reasonable search context hybrids motor homes house trailers houseboats yachts case barely glimpse diverse lifestyles associated recreational vehicles mobile living quarters line lines separating mobile homes permanent structures might drawn various ways consideration given whether home moving rest whether rests land water form vehicle attachment location potential speed departure size capacity serve domicile method locomotion rational decisionmaking strongly counsels divining uses abuses vehicles vacuum first case raising question us course may abdicate responsibility clarify law filed caution however justified every decision requires us resolve vexing conflict individual constitutionally protected interest privacy public interest effective law enforcement ross certainty supposed come speedy resolution may prove illusory premature decision raises questions answers true rules governing search seizure formulated refined painstaking scrutiny adjudication consideration matter lower courts series litigated cases surely facilitated reasoned accommodation conflicting interests identify rules endure must rely state lower federal courts debate evaluate different approaches difficult unresolved questions constitutional law deliberation question time winnows unnecessary discordant elements doctrine preserves whatever pure sound fine ii fourth amendment guarantees right people secure persons houses papers effects unreasonable searches seizures interpreted language provide law enforcement officers standard searches conducted outside judicial process without prior approval judge magistrate per se unreasonable fourth amendment subject specifically established well delineated exceptions katz footnotes omitted arkansas sanders ross reaffirmed primary importance general rule condemning warrantless searches emphasized exception permitting search automobiles without warrant narrow one expressly endorsed general rule stated carroll cases securing warrant reasonably practicable must used given warning presumption regularity attaches warrant hardly unrealistic expect experienced law enforcement officers obtain search warrant one easily secured ascendancy warrant requirement system justice must bullied aside extravagant claims necessity warrant requirement inconvenience somehow weighed claims police efficiency important working part machinery government operating matter course check mistakenly overzealous executive officers part system law enforcement coolidge new hampshire requiring conclusions concerning probable cause scope search drawn neutral detached magistrate instead judged officer engaged often competitive enterprise ferreting crime johnson minimize risk unreasonable assertions executive authority arkansas sanders iii motor home however parked middle intersection prior cases teach us inherent mobility sufficient justification fashioning exception warrant requirement especially face heightened expectations privacy location searched motor homes common use construction afford owners substantial legitimate expectation privacy dwell within motor home parked location removed public highway believe society prepared recognize expectations privacy within unlike expectations one fixed dwelling general rule places may searched warrant based upon probable cause warrantless searches motor homes reasonable motor home traveling public streets highways exigent circumstances otherwise require immediate search without expenditure time necessary obtain warrant explained ross automobile exception product long history ince earliest days congress recognized impracticability securing warrant cases involving transportation contraband goods impracticability viewed historical perspective provided basis carroll decision given nature automobile transit recognized immediate intrusion necessary police officers secure illicit substance class cases held warrantless search automobile unreasonable footnotes omitted case motor home parked lot blocks courthouse downtown san diego dozens magistrates available entertain warrant application officers clearly element surprise curtains covering windshield motor home offered indication imminent departure officers plainly probable cause arrest respondent search motor home record inexplicable eschewed safe harbor warrant absence evidence exigency circumstances case relies inherent mobility motor home create conclusive presumption exigency however squarely held mobility place searched sufficient justification abandoning warrant requirement chadwick held warrantless search footlocker violated fourth amendment even though ample probable cause believe contained contraband government argued rationale automobile exception applied movable containers general warrant requirement limited searches homes core areas privacy see categorically rejected government argument observing greater privacy interests associated containers automobiles less practical problems associated temporary detention container detention automobile see endorsed analysis ross chadwick specifically rejected argument warrantless search reasonable footlocker mobile characteristics support warrantless searches automobiles recognized person expectations privacy personal luggage substantially greater automobile noted practical problems associated temporary detention piece luggage period time necessary obtain warrant significantly less associated detention automobile unlike brick bungalow frame victorian motor home seldom serves permanent lifetime abode motor home case however designed accommodate breadth ordinary everyday living photographs record indicate height length beam provided substantial living space inside stuffed chairs surround table cupboards provide room storage personal effects bunk beds provide sleeping space refrigerator provides ample space food beverages moreover curtains large opaque walls inhibit viewing activities inside exterior vehicle interior configuration motor home establishes vehicle size shape mode construction indicated officers vehicle containing mobile living quarters state contends officers field impossible task determining whether vehicles contain mobile living quarters necessary resolve every unanswered question area single case common english usage suggests already distinguish motor home equipped traveling home camper equipped casual travel camping automobile designed passenger transportation surely exteriors vehicles contain clues different functions alert officers field necessity warrant california vehicle code also refutes state argument exclusion motor homes automobile exception impossible apply practice definitional section code distinguishes campers house cars station wagons suggests special categories general terms motor vehicles passenger vehicles house car motor vehicle originally designed permanently altered equipped human habitation camper permanently attached alcoholic beverages may opened consumed motor vehicles traveling highways except living quarters housecar camper definitions might necessarily apply context fourth amendment indicate descriptive distinctions humanly possible also reflect california legislature judgment house cars entertain different kinds activities ordinary passenger vehicle opinion searches places regularly accommodate wide range private human activity fundamentally different searches automobiles primarily serve public transportation function although may castle motor home usually functional equivalent hotel room vacation retirement home hunting fishing cabin places may spartan humble cottage compared majestic mansion ante highest legitimate expectations privacy associated temporary abodes command respect stoner california payton new york karo opinion warrantless search living quarters motor home presumptively unreasonable absent exigent circumstances ibid respectfully dissent fourth amendment provides right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized cal johns sharpe oklahoma castleberry ante cf florida rodriguez stevens dissenting joined brennan see state caponi ohio cert denied inventiveness search seizure area also emboldened state legal officers file petitions certiorari state suppression orders explicitly based independent state grounds see jamison state app cert denied ex parte gannaway cert denied state burkholder ohio cert denied people corr cert denied state von bulow cert denied michigan long stevens dissenting california ramos stevens dissenting watt western nuclear stevens dissenting watt alaska stevens concurring see also stevens thoughts judicial restraint judicature pet cert petition acknowledged decision consistent dictum two recent ninth circuit decisions see wiga cert denied williams cert denied one case contained reference heightened expectations privacy mobile living quarters cadena per curiam analogizing automobile cases upheld warrantless search oceangoing ship transit observed mobility exception required probable cause exigency increased measure privacy may expected aboard vessel mandates careful scrutiny probable cause search exigency circumstances excusing failure secure warrant cases defendants challenged warrantless searches vehicles claiming either probable cause absence exigency coolidge new hampshire montgomery camper cert denied clark camper truck cert denied lovenguth pick camper top cusanelli per curiam two camper trucks cert denied miller motor home rodgers camper truck state million motor home state sardo motor home sardo involved vehicle transit motor home case depart premises two state courts upheld warrantless search mobile homes transit notwithstanding claim heightened privacy interests see state mower state lepley cases cited petition certiorari factually distinguishable search parked motor home case conflict among state courts novel questions kind involved desirable means exploring refining alternative approaches problem estreicher sexton new york university project managerial theory responsibilities published rev study elaborated hear cases state invalidated state action federal ground absence conflict decision treat case vehicle major pronouncement federal law without percolation ordinarily little reason believe issue one recurring national significance general correction error even regarding matter constitutional law sufficient basis intervention last category differs federal invalidation state action structural justification intervention generally missing given absence vertical federalism difficulties assurance state courts functioning significant political constraints likely invalidate state action lightly even federal grounds grant merely correct perceived error omitted chief justice samuel roberts retired pennsylvania expressed similar concerns roberts adequate independent state ground practical considerations ija pp see generally trailer life motor home rv lifestyle magazine hellman proposed intercircuit tribunal need work hastings const although one roles ensure uniformity federal law think must act eradicate disuniformity soon appears disagreement lower courts facilitates percolation independent evaluation legal issue different courts process percolation allows period exploratory consideration experimentation lower courts ends process nationally binding rule decides fully percolated issue benefit experience lower courts irrespective docket capacity compelled intervene eradicate disuniformity percolation experimentation desirable system already committed substantial measure principle percolation one justification absence intercircuit stare decisis similarly state federal courts daily engage process dialectical federalism wherein state courts bound holdings lower federal courts geographical area past practice structure judicial system supports policy awaiting percolation intervention managerial conception role embraces lower percolation affirmative value views lower courts particular legal issue provide means identifying significant rulings well experimental base set doctrinal materials fashion sound binding law occurrence conflict acts signaling device help identify important issues moreover principle percolation encourages lower courts act responsible agents process development national law estreicher sexton supra footnotes omitted cardozo nature judicial process leon illinois gates stated decision carroll based appraisal practical considerations viewed perspective history coolidge new hampshire plurality refused apply automobile exception automobile seized parked driveway suspect house towed secure police compound later searched word automobile talisman whose presence fourth amendment fades away disappears surely nothing case invoke meaning purpose rule carroll alerted criminal bent flight fleeting opportunity open highway hazardous chase contraband stolen goods weapons confederates waiting move evidence even inconvenience special police detail guard immobilized automobile short possible stretch legal imagination made case practicable secure warrant automobile exception despite label simply irrelevant opinion stewart joined douglas brennan marshall see suppression hearing tr tr oral arg addition telephonic warrant cents nearest phone booth away see cal penal code ann west people morrongiello cal app cal rptr willingness search first later seek justification properly characterized decision roughly comparable prudence determining whether electrical wire charged grasping mitchell en banc cert denied factors diminish privacy aspects automobile apply respondent footlocker luggage contents open public view except condition border entry common carrier travel luggage subject regular inspections official scrutiny continuing basis unlike automobile whose primary function transportation luggage intended repository personal effects sum person expectations privacy personal luggage substantially greater automobile record ex nos webster ninth new collegiate dictionary refusing extend california decision carney beyond context california courts appeal difficulty distinguishing motor home involved ford van people chestnut cal app cal rptr camper shell back pickup truck people gordon cal app cal rptr reason believe trained officers make similar distinctions different vehicles especially state vehicle laws already require cal veh code ann west supp west west supp cf cardwell lewis opinion blackmun one lesser expectation privacy motor vehicle function transportation seldom serves one residence repository personal effects car little capacity escaping public scrutiny travels public thoroughfares occupants contents plain view risk belaboring obvious private residences places individual normally expects privacy free governmental intrusion authorized warrant expectation plainly one society prepared recognize justifiable cases deviated basic fourth amendment principle searches seizures inside home without warrant presumptively unreasonable absent exigent circumstances karo