leon
argued
january
decided
july
acting
basis
information
confidential
informant
officers
burbank
police
department
initiated
investigation
involving
surveillance
respondents
activities
based
affidavit
summarizing
police
officers
observations
officer
rombach
prepared
application
warrant
search
three
residences
respondents
automobiles
extensive
list
items
application
reviewed
several
deputy
district
attorneys
facially
valid
search
warrant
issued
judge
ensuing
searches
produced
large
quantities
drugs
evidence
respondents
indicted
federal
drug
offenses
filed
motions
suppress
evidence
seized
pursuant
warrant
evidentiary
hearing
district
granted
motions
part
concluding
affidavit
insufficient
establish
probable
cause
although
recognizing
officer
rombach
acted
good
faith
rejected
government
suggestion
fourth
amendment
exclusionary
rule
apply
evidence
seized
reasonable
reliance
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warrant
appeals
affirmed
also
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government
invitation
recognize
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rule
government
petition
certiorari
presented
question
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exception
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rule
recognized
held
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amendment
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rule
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bar
use
prosecution
case
chief
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obtained
officers
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magistrate
ultimately
found
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examination
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amendment
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use
fruits
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seizure
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amendment
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judicially
created
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amendment
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chief
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amendment
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magistrate
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magistrates
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amendment
encourage
repeat
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requests
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enforcement
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conduct
accord
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amendment
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enforcement
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case
officer
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form
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warrant
issues
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penalizing
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magistrate
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logically
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deterrence
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amendment
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police
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reliance
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faith
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warrant
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officers
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presume
valid
pp
view
modification
exclusionary
rule
appeals
judgment
stand
case
respondent
leon
contended
reasonably
well
trained
police
officer
believed
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cause
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house
however
record
establishes
police
officers
reliance
judge
determination
probable
cause
objectively
reasonable
pp
white
delivered
opinion
burger
blackmun
powell
rehnquist
joined
blackmun
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
marshall
joined
post
stevens
filed
dissenting
opinion
post
solicitor
general
lee
argued
cause
briefs
assistant
attorney
general
trott
deputy
solicitor
general
frey
kathryn
oberly
robert
erickson
barry
tarlow
argued
cause
respondent
leon
brief
norman
kaplan
thomas
johnston
roger
cossack
argued
cause
respondents
stewart
et
al
brief
jay
lichtman
briefs
amici
curiae
urging
reversal
filed
state
california
john
van
de
kamp
attorney
general
william
stein
chief
assistant
attorney
general
clifford
thompson
deputy
attorney
general
state
kansas
et
al
wilkes
robinson
dan
peterson
robert
stephan
attorney
general
kansas
john
ashcroft
attorney
general
missouri
mark
meierhenry
attorney
general
south
dakota
bronson
la
follette
attorney
general
wisconsin
criminal
justice
legal
foundation
christopher
heard
national
district
attorneys
association
newman
flanagan
austin
mcguigan
john
massameno
edwin
miller
jack
yelverton
james
manak
seven
former
members
attorney
general
task
force
violent
crime
et
al
david
crump
frank
carrington
griffin
bell
wayne
schmidt
james
manak
fred
inbau
rufus
edmisten
attorney
general
north
carolina
david
crump
deputy
attorney
general
briefs
amici
curiae
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affirmance
filed
bar
association
san
francisco
et
al
james
brosnahan
arkansas
trial
lawyers
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et
al
john
wesley
hall
association
trial
lawyers
america
sidney
bernstein
texas
criminal
defense
lawyers
association
et
al
gerald
goldstein
marvin
miller
briefs
amici
curiae
filed
committee
criminal
law
association
bar
city
new
york
peter
zimroth
barbara
underwood
illinois
state
bar
association
michael
costello
albert
hofeld
william
martin
joshua
sachs
minnesota
state
bar
association
ronald
seeger
steven
goldberg
bruce
hanley
national
association
criminal
defense
lawyers
et
al
marshall
krause
steffan
imhoff
charles
scott
spear
national
association
advancement
colored
people
et
al
steven
lockman
john
campbell
thomas
atkins
national
legal
aid
defender
association
kenneth
mogill
dan
johnston
county
attorney
polk
county
iowa
johnston
pro
se
justice
white
delivered
opinion
case
presents
question
whether
fourth
amendment
exclusionary
rule
modified
bar
use
prosecution
case
chief
evidence
obtained
officers
acting
reasonable
reliance
search
warrant
issued
detached
neutral
magistrate
ultimately
found
unsupported
probable
cause
resolve
question
must
consider
tension
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competing
goals
one
hand
deterring
official
misconduct
removing
inducements
unreasonable
invasions
privacy
establishing
procedures
criminal
defendants
acquitted
convicted
basis
evidence
exposes
truth
alderman
august
confidential
informant
unproven
reliability
informed
officer
burbank
police
department
two
persons
known
armando
patsy
selling
large
quantities
cocaine
methaqualone
residence
price
drive
burbank
cal
informant
also
indicated
witnessed
sale
methaqualone
patsy
residence
approximately
five
months
earlier
observed
time
shoebox
containing
large
amount
cash
belonged
patsy
declared
armando
patsy
generally
kept
small
quantities
drugs
residence
stored
remainder
another
location
burbank
basis
information
burbank
police
initiated
extensive
investigation
focusing
first
price
drive
residence
later
two
residences
well
cars
parked
price
drive
residence
determined
belong
respondents
armando
sanchez
previously
arrested
possession
marihuana
patsy
stewart
criminal
record
course
investigation
officers
observed
automobile
belonging
respondent
ricardo
del
castillo
previously
arrested
possession
pounds
marihuana
arrive
price
drive
residence
driver
car
entered
house
exited
shortly
thereafter
carrying
small
paper
sack
drove
away
check
del
castillo
probation
records
led
officers
respondent
alberto
leon
whose
telephone
number
del
castillo
listed
employer
leon
arrested
drug
charges
companion
informed
police
time
leon
heavily
involved
importation
drugs
country
current
investigation
began
burbank
officers
learned
informant
told
glendale
police
officer
leon
stored
large
quantity
methaqualone
residence
glendale
course
investigation
burbank
officers
learned
leon
living
south
sunset
canyon
burbank
subsequently
officers
observed
several
persons
least
one
prior
drug
involvement
arriving
price
drive
residence
leaving
small
packages
observed
variety
material
activity
two
residences
well
condominium
via
magdalena
witnessed
variety
relevant
activity
involving
respondents
automobiles
officers
also
observed
respondents
sanchez
stewart
board
separate
flights
miami
pair
later
returned
los
angeles
together
consented
search
luggage
revealed
small
amount
marihuana
left
airport
based
observations
summarized
affidavit
app
officer
cyril
rombach
burbank
police
department
experienced
narcotics
investigator
prepared
application
warrant
search
price
drive
south
sunset
canyon
via
magdalena
automobiles
registered
respondents
extensive
list
items
believed
related
respondents
activities
officer
rombach
extensive
application
reviewed
several
deputy
district
attorneys
facially
valid
search
warrant
issued
september
state
superior
judge
ensuing
searches
produced
large
quantities
drugs
via
magdalena
sunset
canyon
addresses
small
quantity
price
drive
residence
evidence
discovered
residences
stewart
del
castillo
automobiles
respondents
indicted
grand
jury
district
central
district
california
charged
conspiracy
possess
distribute
cocaine
variety
substantive
counts
respondents
filed
motions
suppress
evidence
seized
pursuant
warrant
district
held
evidentiary
hearing
recognizing
case
close
one
see
granted
motions
suppress
part
concluded
affidavit
insufficient
establish
probable
cause
suppress
evidence
respondents
none
respondents
standing
challenge
searches
response
request
government
made
clear
officer
rombach
acted
good
faith
rejected
government
suggestion
fourth
amendment
exclusionary
rule
apply
evidence
seized
reasonable
reliance
search
warrant
district
denied
government
motion
reconsideration
divided
panel
appeals
ninth
circuit
affirmed
judgt
order
reported
appeals
first
concluded
officer
rombach
affidavit
establish
probable
cause
search
price
drive
residence
extent
affidavit
set
forth
facts
demonstrating
basis
informant
knowledge
criminal
activity
information
included
fatally
stale
affidavit
moreover
failed
establish
informant
credibility
accordingly
appeals
concluded
information
provided
informant
inadequate
prongs
test
established
aguilar
texas
spinelli
officers
independent
investigation
neither
cured
staleness
corroborated
details
informant
declarations
appeals
considered
whether
affidavit
formed
proper
basis
search
sunset
canyon
residence
view
affidavit
included
facts
indicating
basis
informants
statements
concerning
respondent
leon
criminal
activities
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information
establishing
informants
reliability
deficiencies
cured
police
investigation
district
properly
suppressed
fruits
search
appeals
refused
government
invitation
recognize
exception
fourth
amendment
exclusionary
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app
pet
cert
government
petition
certiorari
expressly
declined
seek
review
lower
courts
determinations
search
warrant
unsupported
probable
cause
presented
question
hether
fourth
amendment
exclusionary
rule
modified
bar
admission
evidence
seized
reasonable
reliance
search
warrant
subsequently
held
defective
granted
certiorari
consider
propriety
modification
although
undoubtedly
within
power
consider
question
whether
probable
cause
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totality
circumstances
test
announced
last
term
illinois
gates
question
briefed
argued
also
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authority
choose
exercise
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case
comes
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appeals
conclusion
probable
cause
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rule
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fourth
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judgment
appeals
ii
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opinions
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fourth
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mapp
ohio
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fifth
amendments
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ohio
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concurring
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stone
powell
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provision
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stone
powell
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dissenting
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thus
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judicially
created
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amendment
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whether
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clear
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illinois
gates
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amendment
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defendants
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law
enforcement
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powell
indiscriminate
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stone
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janis
close
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amendment
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sure
seriously
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amendment
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stone
powell
supra
nevertheless
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seizure
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amendment
illinois
gates
white
concurring
judgment
stone
powell
supra
emphasized
costs
exclusionary
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expressed
view
limiting
circumstances
fourth
amendment
claims
raised
federal
habeas
corpus
proceedings
reduce
rule
deterrent
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held
state
prisoner
afforded
full
fair
opportunity
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fourth
amendment
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federal
habeas
relief
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unlawfully
obtained
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trial
cf
rose
mitchell
proposed
extensions
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proceedings
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trial
evaluated
rejected
analytic
approach
calandra
example
declined
allow
grand
jury
witnesses
refuse
answer
questions
based
evidence
obtained
unlawful
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seizure
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incremental
deterrent
effect
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rule
grand
jury
proceedings
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similarly
janis
supra
permitted
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proceedings
evidence
illegally
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state
officials
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likelihood
deterring
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insufficient
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thereby
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amendment
alderman
determining
whether
persons
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fruits
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rakas
illinois
brown
wong
sun
cf
payner
even
defendants
standing
challenge
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obtained
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prevent
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conceivable
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fourth
amendment
inadmissible
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case
chief
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defendant
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testimony
walder
see
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oregon
hass
harris
new
york
similar
assessment
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se
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illinois
wong
sun
supra
also
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witness
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perception
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dunaway
new
york
ceccolini
supra
short
dissipation
taint
concept
applied
deciding
whether
exclusion
appropriate
particular
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attempts
mark
point
detrimental
consequences
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police
action
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deterrent
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exclusionary
rule
longer
justifies
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brown
illinois
supra
powell
concurring
part
surprisingly
view
purpose
assessment
flagrancy
police
misconduct
constitutes
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step
calculus
dunaway
new
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warren
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quoted
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review
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massachusetts
recognized
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rev
see
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stevens
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mertens
wasserstrom
good
faith
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geo
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massachusetts
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post
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york
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law
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peltier
professor
jerold
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believe
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amendment
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stone
powell
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proceedings
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offends
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encourage
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amendment
janis
supra
harlow
eliminated
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component
qualified
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public
officials
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suits
seeking
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schroeder
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ashdown
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process
wm
mary
rev
justice
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case
chief
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chapter
volume
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weeks
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massachusetts
sheppard
post
believe
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justice
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brennan
justice
marshall
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ten
years
ago
calandra
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amendment
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police
conducted
warrantless
search
solely
basis
judgment
existence
probable
cause
exigent
circumstances
question
finally
posed
one
surprised
colleagues
decide
simply
afford
protect
fourth
amendment
rights
iv
public
quite
properly
done
past
well
present
demands
government
increase
efforts
combat
crime
easy
government
officials
seek
expedient
solutions
contrast
costly
difficult
measures
building
prisons
improving
law
enforcement
methods
hiring
prosecutors
judges
relieve
overburdened
systems
country
metropolitan
areas
relaxation
fourth
amendment
standards
seems
tempting
costless
means
meeting
public
demand
better
law
enforcement
long
run
however
society
pay
heavy
price
expediency
justice
jackson
observed
rights
guaranteed
fourth
amendment
mere
rights
belong
catalog
indispensable
freedoms
brinegar
dissenting
opinion
lost
rights
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recover
hope
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time
later
restore
precious
freedoms
rightful
place
primary
protection
citizens
overreaching
officialdom
dissent
opinion
applies
also
massachusetts
sheppard
post
see
peltier
brennan
dissenting
janis
brennan
dissenting
stone
powell
brennan
dissenting
michigan
defillippo
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havens
brennan
dissenting
see
wilkey
exclusionary
rule
suppress
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schlesinger
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injustice
deciding
enforce
exclusionary
rule
matter
state
law
california
clearly
recognized
point
present
case
purpose
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search
seizure
get
evidence
introduce
trial
success
lawless
venture
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entirely
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aid
allowing
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drawn
government
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judge
people
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examination
early
state
declarations
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formed
models
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amendment
reveals
aimed
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limiting
manner
government
gather
evidence
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privacy
example
massachusetts
constitution
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subject
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good
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administration
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amendment
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justice
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data
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california
bureau
criminal
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cases
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prosecutors
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evidence
national
institute
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criminal
justice
research
report
effects
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michigan
pennsylvania
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commissioner
murphy
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state
courts
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start
teaching
men
times
apr
former
attorney
attorney
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maryland
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sachs
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rule
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practices
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rule
deter
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prosecutors
hour
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people
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bare
conclusions
others
order
ensure
abdication
magistrate
duty
occur
courts
must
continue
conscientiously
review
sufficiency
affidavits
warrants
issued
notion
police
officer
reliance
magistrate
warrant
automatically
appropriate
one
framers
fourth
amendment
vehemently
rejected
precise
problem
amendment
intended
address
unreasonable
issuance
warrants
often
observed
amendment
actually
motivated
practice
issuing
general
warrants
warrants
satisfy
particularity
requirements
resentments
led
amendment
directed
issuance
warrants
unjustified
particularized
evidence
wrongdoing
sought
amend
constitution
include
bill
rights
repeatedly
voiced
view
evil
addressed
issuance
warrants
insufficient
evidence
professor
taylor
written
ur
constitutional
fathers
concerned
warrantless
searches
overreaching
warrants
perhaps
much
say
feared
warrant
search
plain
enough
warrant
prime
object
concern
far
looking
warrant
protection
unreasonable
searches
saw
authority
unreasonable
oppressive
searches
taylor
two
studies
constitutional
interpretation
iv
brinegar
justice
jackson
observing
ndications
wanting
fourth
amendment
freedoms
tacitly
marked
secondary
rights
relegated
deferred
position
dissenting
opinion
continued
protest
mere
rights
belong
catalog
indispensable
freedoms
among
deprivations
rights
none
effective
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population
crushing
spirit
individual
putting
terror
every
heart
uncontrolled
search
seizure
one
first
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weapons
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know
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personality
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automobiles
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people
turn
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exclusionary
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compel
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cause
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seek
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magistrates
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today
decisions
grave
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majority
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rule
even
police
know
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application
probably
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may
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longer
must
hesitate
seek
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thus
said
two
terms
ago
rule
prevent
exclusion
except
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authorities
violate
law
applies
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rule
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today
government
argues
rulings
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close
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law
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definitively
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encourage
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approach
johnson
emphasis
original
omitted
quoting
desist
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dissenting
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creation
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standard
reasonableness
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deterrence
rationale
still
supports
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ignore
way
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role
judiciary
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original
rationale
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rule
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force
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relevance
tendency
execute
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country
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conviction
means
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sanction
judgments
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charged
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people
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appeal
maintenance
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weeks
course
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exclusionary
rule
exerts
high
price
loss
probative
evidence
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price
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goals
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amendment
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framers
intended
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violated
cases
justice
stewart
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amendment
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place
forefathers
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papers
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jackson
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vacate
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appeals
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light
gates
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respectfully
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disposition
see
payton
new
york
chimel
california
see
coolidge
new
hampshire
vale
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petition
certiorari
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solicitor
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seek
plenary
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appropriate
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see
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maryland
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stanford
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marron
indeed
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also
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illinois
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borrow
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justice
clark
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joined
justice
harlan
justice
stewart
wrote
today
renders
municipal
experience
dates
back
colonial
days
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overruling
frank
maryland
striking
hundreds
city
ordinances
throughout
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jeopardizing
thereby
health
welfare
safety
literally
millions
people
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command
fourth
amendment
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shall
issue
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sets
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fourth
amendment
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long
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metropolitan
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fell
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city
seattle
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see
see
massachusetts
upton
per
curiam
illinois
gates
harris
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spinelli
aguilar
texas
jones
see
illinois
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massachusetts
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per
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illinois
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dissenting
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leon
ante
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see
terry
ohio
beck
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henry
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franks
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seizure
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unless
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illustrates
point
see
steagald
payton
new
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sales
new
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marshall
barlow
stevens
dissenting
chadwick
chimel
california
stanford
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frank
maryland
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marron
weeks
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landynski
search
seizure
lasson
history
development
fourth
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rutland
birth
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rights
rev
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rabinowitz
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exclusionary
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work
chief
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wrote
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proud
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rev
emphasis
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wasserstrom
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ante
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stone
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stewart
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ervin
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traynor
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also
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