horton california argued february decided june california policeman determined probable cause search petitioner horton home proceeds robbery robbers weapons search warrant affidavit referred police reports described weapons proceeds warrant issued magistrate authorized search proceeds upon executing warrant officer find stolen property find weapons plain view seized trial refused suppress seized evidence horton convicted armed robbery california appeal affirmed since officer testified searching horton home stolen property also interested finding evidence connecting horton robbery seized evidence discovered inadvertently however rejecting horton argument coolidge new hampshire therefore required suppression evidence appeal relied state decision holding coolidge discussion inadvertence limitation doctrine binding contained plurality opinion held fourth amendment prohibit warrantless seizure evidence plain view even though discovery evidence inadvertent although inadvertence characteristic legitimate seizures necessary condition pp coolidge binding precedent however second coolidge plurality two limitations doctrine discovery evidence plain view must inadvertent essential rejection state argument case rather first limitation plain view alone never enough justify warrantless seizure adequately supports holding gunpowder found vacuum sweepings one automobiles seized plain view defendant driveway course arrest introduced warrantless seizures violated fourth amendment order warrantless seizure object plain view valid two conditions must satisfied addition essential predicate officer violate fourth amendment arriving place object plainly viewed first object incriminating character must immediately apparent although cars coolidge obviously plain view probative value remained uncertain interiors swept examined microscopically second officer must lawful right access object justice harlan concurred coolidge judgment join plurality discussion may well rested vote fact cars seizure accomplished means warrantless trespass defendant property pp two flaws coolidge plurality conclusion inadvertence requirement necessary avoid violation fourth amendment mandate valid warrant particularly describ things seized first evenhanded law enforcement best achieved applying objective standards conduct rather standards depend upon officer subjective state mind fact officer interested item fully expects find invalidate seizure search confined area duration warrant terms valid exception warrant requirement second suggestion inadvertence requirement necessary prevent police conducting general searches converting specific warrants general warrants persuasive interest already served requirements unparticularized warrant issued warrantless search circumscribed exigencies justify initiation search scope enlarged warrant omission reference weapons indeed search weapons taken place named items found surrendered outset prohibition general searches warrants based privacy concerns implicated officer lawful right access item plain view seizes without warrant pp stevens delivered opinion rehnquist white blackmun scalia kennedy joined brennan filed dissenting opinion marshall joined post juliana drous appointment argued cause filed briefs petitioner martin kaye supervising deputy attorney general california argued cause respondent brief john van de kamp attorney general richard iglehart chief assistant attorney general john sugiyama senior assistant attorney general clifford thompson deputy attorney general briefs amici curiae urging affirmance filed solicitor general starr assistant attorney general dennis deputy solicitor general bryson brian martin americans effective law enforcement et al gregory evans daniel hales george webster jack yelverton fred inbau wayne schmidt bernard farber james manak justice stevens delivered opinion case revisit issue considered conclusively resolved coolidge new hampshire whether warrantless seizure evidence crime plain view prohibited fourth amendment discovery evidence inadvertent conclude even though inadvertence characteristic legitimate seizures necessary condition petitioner convicted armed robbery erwin wallaker treasurer san jose coin club wallaker returned home club annual show entered garage accosted two masked men one armed machine gun electrical shocking device sometimes referred stun gun two men shocked wallaker bound handcuffed robbed jewelry cash encounter sufficient conversation took place enable wallaker subsequently identify petitioner distinctive voice identification partially corroborated witness saw robbers leaving scene evidence petitioner attended coin show sergeant larault experienced police officer investigated crime determined probable cause search petitioner home proceeds robbery weapons used robbers affidavit search warrant referred police reports described weapons well proceeds warrant issued magistrate authorized search proceeds including three specifically described rings pursuant warrant larault searched petitioner residence find stolen property course search however discovered weapons plain view seized specifically seized uzi machine gun revolver two stun guns handcuff key san jose coin club advertising brochure items clothing identified victim larault testified searching rings also interested finding evidence connecting petitioner robbery thus seized evidence discovered inadvertently trial refused suppress evidence found petitioner home jury trial petitioner found guilty sentenced prison california appeal affirmed app rejected petitioner argument decision coolidge required suppression seized evidence listed warrant discovery inadvertent app relied california decision north superior cal case noted discussion inadvertence limitation doctrine justice stewart opinion coolidge joined three members therefore binding california denied petitioner request review app california courts interpretation doctrine conflicts view courts unresolved issue important granted certiorari ii 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 criteria generally guide seizures set forth coolidge new hampshire held police seizing two automobiles parked plain view defendant driveway course arresting defendant violated fourth amendment accordingly particles gunpowder subsequently found vacuum sweepings one cars introduced evidence defendant state endeavored justify seizure automobiles subsequent search police station four different grounds including doctrine scope doctrine developed earlier cases fairly summarized three paragraphs justice stewart opinion well established certain circumstances police may seize evidence plain view without warrant important keep mind vast majority cases evidence seized police plain view least moment seizure problem doctrine identify circumstances plain view legal significance rather simply normal concomitant search legal illegal example applicability doctrine situation police warrant search given area specified objects course search come across article incriminating character cf importing lefkowitz steele stanley georgia stewart concurring result initial intrusion brings police within plain view article supported warrant one recognized exceptions warrant requirement seizure also legitimate thus police may inadvertently come across evidence hot pursuit fleeing suspect warden hayden cf hester object comes view search incident arrest appropriately limited scope existing law may seized without warrant chimel california finally doctrine applied police officer searching evidence accused nonetheless inadvertently comes across incriminating object harris frazier cupp ker california cf lewis cases common police officer prior justification intrusion course came inadvertently across piece evidence incriminating accused doctrine serves supplement prior justification whether warrant another object hot pursuit search incident lawful arrest legitimate reason present unconnected search directed accused permits warrantless seizure course extension original justification legitimate immediately apparent police evidence doctrine may used extend general exploratory search one object another something incriminating last emerges omitted justice stewart analysis doctrine command majority plurality since made clear discussion binding precedent texas brown opinion rehnquist justice harlan concurred judgment response dissenting opinions join plurality discussion doctrine see decision nonetheless binding precedent discussing second limitation implicated case therefore necessary explain first adequately supports judgment course essential predicate valid warrantless seizure incriminating evidence officer violate fourth amendment arriving place evidence plainly viewed moreover two additional conditions must satisfied justify warrantless seizure first must item plain view incriminating character must also immediately apparent see also arizona hicks thus coolidge cars obviously plain view probative value remained uncertain interiors swept examined microscopically second must officer lawfully located place object plainly seen must also lawful right access object suggested justice harlan vote coolidge may rested fact seizure cars accomplished means warrantless trespass defendant property events satisfied absence inadvertence essential rejection state argument coolidge iii justice stewart concluded inadvertence requirement necessary avoid violation express constitutional requirement valid warrant must particularly describe things seized explained rationale exception warrant requirement stated seizure turn initially valid therefore limited search general one inconvenience procuring warrant cover inadvertent discovery great discovery anticipated police know advance location evidence intend seize situation altogether different requirement warrant seize imposes inconvenience whatever least none constitutionally cognizable legal system regards warrantless searches per se unreasonable absence exigent circumstances initial intrusion bottomed upon warrant fails mention particular object though police know location intend seize violation express constitutional requirement warrants particularly describing things seized let us suppose officers secure warrant search house rifle staying well within range rifle search discover two photographs murder victim plain sight bedroom assume also discovery one photograph inadvertent finding anticipated permit seizure one photographs terms minor peril fourth amendment values surely difference two photographs interference possession case officers appraisal photograph expected see less reliable judgment situations actual inconvenience danger evidence remain identical officers must depart secure warrant scope warrantless search automobile thus defined nature container contraband secreted rather defined object search places probable cause believe may found probable cause believe stolen lawnmower may found garage support warrant search upstairs bedroom probable cause believe undocumented aliens transported van justify warrantless search suitcase probable cause believe container placed trunk taxi contains contraband evidence justify search entire cab ross police warrant rifle may search places rifles might must terminate search rifle found inadvertence rule way reduce number places may lawfully look case items seized petitioner home discovered lawful search authorized valid warrant discovered immediately apparent officer constituted incriminating evidence probable cause obtain warrant search stolen property also believe weapons handguns used crime investigating search authorized warrant seizure authorized doctrine judgment affirmed ordered footnotes coolidge police arrested murder suspect house thereupon seized automobile searched later police station finding physical evidence victim inside vehicle record disclosed police known time probable role car crime exigent circumstances justify warrantless search accordingly plurality opinion justice stewart concluded seizure justified theory vehicle instrumentality crime discovered plain view officers justice stewart opinion doctrine applicable inadvertent discovery incriminating evidence plurality opinion coolidge entitled binding effect precedent difficulty distinguishing holding instant case discovery petitioner car inadvertent coolidge however portion justice stewart plurality opinion proposed adoption new restrictions rule signed four members stewart douglas brennan marshall although concurring judgment justice harlan declined join portion opinion four remaining justices expressly disagreed justice stewart point north superior cal citations omitted see wolfenbarger williams currency roberts cert denied antill terry state ark app state johnson app commonwealth cefalo mass state sanders app state galloway clark state ind state eiseman state mccolgan crim app tucker state crim app state dingle see also cases cited appendices justice brennan dissenting opinion post least two state courts agreed california see state pontier idaho state romero utah reaffirm basic rule fourth amendment jurisprudence stated justice stewart unanimous mincey arizona fourth amendment proscribes unreasonable searches seizures cardinal principle searches conducted outside judicial process without prior approval judge magistrate per se unreasonable fourth amendment subject specifically established exceptions katz footnotes omitted ross important distinguish plain view used coolidge justify seizure object officer mere observation item left plain view whereas latter generally involves fourth amendment search see infra katz former generally implicate amendment limitations upon seizures personal property texas brown opinion rehnquist state primarily contended seizures authorized warrant issued attorney general held warrant invalid issued neutral detached magistrate addition state relied three exceptions warrant requirement search incident arrest automobile exception doctrine simply corollary familiar principle discussed amount probable cause justify warrantless search seizure absent exigent circumstances incontrovertible testimony senses incriminating object premises belonging criminal suspect may establish fullest possible measure probable cause even object contraband repeatedly stated enforced basic rule police may enter make warrantless seizure taylor johnson mcdonald jones chapman trupiano coolidge since applied rule arrest person home see minnesota olson payton new york see brief amicus curiae police probable cause search photograph well rifle proceed seek warrant possible motive deliberately including rifle omitting photograph quite contrary true oversight careless mistake explain omission warrant application police convinced probable cause search photograph coolidge white concurring dissenting warrant clause fourth amendment categorically prohibits issuance warrant except one particularly describing place searched persons things seized manifest purpose particularity requirement prevent general searches limiting authorization search specific areas things probable cause search requirement ensures search carefully tailored justifications take character exploratory searches framers intended prohibit maryland garrison even item container seizure compromise interest preserving privacy contents may opened pursuant either search warrant see smith ohio place arkansas sanders chadwick van leeuwen ex parte jackson one exceptions warrant requirement see colorado bertine ross justice brennan justice marshall joins dissenting remain convinced justice stewart correctly articulated doctrine coolidge new hampshire fourth amendment permits law enforcement officers seize items warrant items found plain view officers lawfully position observe items discovery items inadvertent immediately apparent officers items evidence crime contraband otherwise subject seizure eschewing inadvertent discovery requirement majority ignores fourth amendment express command warrants particularly describe places searched also things seized respectfully dissent rewriting fourth amendment fourth amendment 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 amendment protects equally important interests precisely manner requiring neutral detached magistrate evaluate search seizure government showing probable cause particular description place searched items seized accordingly warrantless search per se unreasonable absent exigent circumstances seizure personal property per se unreasonable within meaning fourth amendment unless accomplished pursuant judicial warrant issued upon probable cause particularly describing items seized place omitted citing marron prior review neutral detached magistrate means effectuating fourth amendment rights district eastern district michigan decision invade possessory interest property important left discretion zealous officers engaged often competitive enterprise ferreting crime johnson requirement warrants shall particularly describe things seized makes general searches impossible prevents seizure one thing warrant describing another taken nothing left discretion officer executing warrant marron supra doctrine exception general rule seizure personal property must authorized warrant justice stewart explained coolidge accept warrantless seizure officer lawfully location inadvertently sees evidence crime inconvenience procuring warrant seize newly discovered piece evidence discovery anticipated police know advance location evidence intend seize argument procuring warrant inconvenient loses much force ibid barring exigency reason police officers obtained warrant seize evidence entering premises rationale behind inadvertent discovery requirement simply excuse officers general requirement warrant seize officers know location evidence probable cause seize intend seize yet bother obtain warrant particularly describing evidence violate express constitutional requirement warrants particularly describing things seized fly face basic rule amount probable cause justify warrantless seizure although joined three members justice stewart discussion inadvertent discovery requirement become widely accepted see texas brown supra powell concurring judgment whatever view might coolidge decided see reason late date imply criticism articulation exception accepted generally decade district columbia courts appeals require seizures inadvertent outcry law enforcement officials inadvertent discovery requirement unduly burdens efforts given requirement inescapably rooted plain language fourth amendment fathom enthusiasm discarding element doctrine posits two flaws justice stewart reasoning believes demonstrate inappropriateness inadvertent discovery requirement flaws illusory first majority explains see reason officer knowledge approaching certainty item found particular location deliberately omit particular description item seized application search warrant ante individual whose possessory interest invaded matters police officer decided omit particular item application search warrant officer probable cause seize item fails mention item application search warrant whatever reason seizes item anyway conduct per se unreasonable suppression evidence seized encourage officers precise complete future warrant applications furthermore number instances law enforcement officer might deliberately choose omit certain items warrant application even though probable cause seize knows premises intends seize discovered plain view example warrant application process often time consuming especially police attempt seize large number items officer interested conducting search soon possible might decide save time listing one two items stolen rings case confident find plain view evidence looking discovers listed items rings located almost anywhere inside outside house unlikely warrant search seize rings restrict scope search officer might rationally find risk immediately discovering items listed warrant thereby forcing conclude search immediately outweighed time saved application process majority also contends officer lawfully house scope search adequately circumscribed warrant additional fourth amendment interest furthered requiring discovery evidence inadvertent ante put another way inadvertence rule way reduce number places law enforcement officers may lawfully look ante quoting coolidge white concurring dissenting majority correct asked wrong question true inadvertent discovery requirement furthers privacy interests requirement way reduces scope search number places officers may look protect possessory interests cf illinois andreas doctrine grounded proposition police lawfully position observe item owner privacy interest item lost owner may retain incidents title possession privacy emphasis added inadvertent discovery requirement essential take seriously fourth amendment protection possessory interests well privacy interests see supra today eliminates rule designed possessory interests ground fails privacy interests countenance constitutional legerdemain ii fortunately decision limited impact confronted today lower courts described pretextual search see state lair en banc holding pretextual searches invalid example officer enters house pursuant warrant search evidence one crime really interested seizing evidence relating another crime warrant search pretextual fruits search suppressed see state kelsey mo app evidence suppressed officers ample opportunity obtain warrant relating murder investigation entered premises instead pursuant warrant relating drug investigation searched hiding place murder weapon rather conducting top bottom search drugs similarly officer might use exception generally applicable warrant requirement hot pursuit pretext enter home seize items knows find plain view conduct deliberate attempt circumvent constitutional requirement warrant particularly describing place searched persons things seized condoned discovery evidence pretextual searches inadvertent suppressed reason even state courts rejected inadvertent discovery requirement held fourth amendment prohibits pretextual searches see state bussard idaho state kelly utah opinion today address pretextual searches doubt searches violate fourth amendment iii fourth amendment demands individual possessory interest property protected unreasonable governmental seizures requiring showing probable cause also requiring neutral detached magistrate authorize seizure advance today ignores explicit language fourth amendment protects possessory interests manner protects privacy interests order eliminate generally accepted element doctrine caused apparent difficulties law enforcement officers confident however confronted egregious police conduct found case ante pretextual searches interpretation constitution less parsimonious today respectfully dissent appendix adopted inadvertent discovery requirement alaska deal state alaska state ault ark johnson state ark people cummings state hamilton gant dc app hurt state app review denied mooney state cert denied haw state barnett haw people madison cert denied ind clark state ind iowa state emerson iowa state doile patrick commonwealth la state stott la state cloutier md wiggins state md mass commonwealth cefalo mass people dugan app cert denied state buschkopf miss smith state miss cert denied mo state clark mo cert denied mont state hembd mont neb state hansen neb johnson state state cote state bruzzese cert denied state luna people jackson state white cert denied state riedinger ohio state benner ohio cert denied farmer state crim app state handran app review denied commonwealth davidson super state robalewski state culbreath state albright state byerley tex stoker state tex crim app en banc state dorn holloman commonwealth state bell state moore state washington wyo jessee state wyo appendix courts appeals adopted inadvertent discovery requirement cert denied meyer tarantino baker crowder sinyard cert pending poulos perry peterson holzman wolfenbarger williams cadc search warrant dated july premises street northwest washington app cert denied majority recognizes requirement warrants particularly describe things seized also protects privacy interests preventing general searches ante scope search limited places probable cause believe item particularly described warrant might found police officer search lawnmower bedroom undocumented alien suitcase ante citing ross similarly items particularly described warrant found search must cease invasion privacy permitted ante see appendix infra three california idaho utah rejected inadvertent discovery requirement see people bittaker cal cert pending state pontier idaho state kelly utah status inadvertent discovery requirement delaware unclear see wicks state del super see appendix infra also dispute unconstitutionality search goes far astray search items mentioned warrant becomes general exploratory search evidence wrongdoing might found tranquillo supp md indeed reiterates converting specific warrants general warrants unconstitutional emphasizes need scrupulous adherence requirements warrants particularly describe place searched things seized warrantless search circumscribed exigencies justify initiation ante