mincey
arizona
argued
february
decided
june
narcotics
raid
petitioner
apartment
undercover
police
officer
several
plainclothes
policemen
undercover
officer
shot
killed
petitioner
wounded
two
persons
apartment
looking
victims
shooting
arranging
medical
assistance
narcotics
agents
pursuant
police
department
directive
police
officers
investigate
incidents
involved
made
investigation
shortly
thereafter
however
homicide
detectives
arrived
scene
take
charge
investigation
proceeded
conduct
exhaustive
warrantless
search
apartment
included
opening
dresser
drawers
ripping
carpets
seizure
objects
evening
day
raid
one
detectives
went
hospital
petitioner
confined
unit
giving
miranda
warnings
persisted
interrogating
lying
bed
barely
conscious
encumbered
tubes
needles
breathing
apparatus
despite
fact
repeatedly
asked
interrogation
stop
get
lawyer
subsequently
petitioner
indicted
convicted
murder
assault
narcotics
offenses
trial
arizona
much
evidence
introduced
product
search
appeal
petitioner
contended
evidence
used
unlawfully
seized
apartment
without
warrant
statements
obtained
hospital
used
impeach
credibility
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made
voluntarily
arizona
reversed
murder
assault
convictions
grounds
affirmed
narcotics
convictions
holding
warrantless
search
homicide
scene
permissible
fourth
fourteenth
amendments
petitioner
statements
hospital
voluntary
held
murder
scene
exception
created
arizona
warrant
requirement
inconsistent
fourth
fourteenth
amendments
warrantless
search
petitioner
apartment
constitutionally
permissible
simply
homicide
occurred
pp
search
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ground
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protected
right
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thing
say
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right
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person
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another
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right
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entire
house
pp
search
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possible
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time
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scene
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home
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amendment
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officer
pp
due
process
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statements
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petitioner
hospital
used
way
trial
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record
product
free
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choice
greenwald
wisconsin
contrary
wanted
answer
interrogator
weakened
pain
shock
isolated
family
friends
legal
counsel
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conscious
simply
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defendant
circumstances
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strictures
miranda
arizona
admissible
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legal
standards
harris
new
york
oregon
hass
criminal
trial
use
defendant
involuntary
statement
denial
due
process
law
pp
stewart
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opinion
burger
brennan
white
marshall
blackmun
powell
stevens
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part
rehnquist
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marshall
filed
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brennan
joined
post
rehnquist
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opinion
concurring
part
dissenting
part
post
richard
oseran
argued
cause
petitioner
brief
frederick
klein
galen
wilkes
assistant
attorney
general
arizona
argued
cause
respondent
brief
bruce
babbitt
attorney
general
philip
urry
assistant
attorney
general
william
schafer
iii
justice
stewart
delivered
opinion
afternoon
october
undercover
police
officer
barry
headricks
metropolitan
area
narcotics
squad
knocked
door
apartment
tucson
occupied
petitioner
rufus
mincey
earlier
day
officer
headricks
allegedly
arranged
purchase
quantity
heroin
mincey
left
ostensibly
obtain
money
return
accompanied
nine
plainclothes
policemen
deputy
county
attorney
door
opened
john
hodgman
one
three
acquaintances
mincey
living
room
apartment
officer
headricks
slipped
inside
moved
quickly
bedroom
hodgman
attempted
slam
door
order
keep
officers
entering
pushed
back
wall
police
entered
apartment
rapid
volley
shots
heard
bedroom
officer
headricks
emerged
collapsed
floor
officers
entered
bedroom
found
mincey
lying
floor
wounded
semiconscious
officer
headricks
died
hours
later
hospital
petitioner
indicted
murder
assault
three
counts
narcotics
offenses
tried
single
trial
convicted
charges
trial
appeal
contended
evidence
used
unlawfully
seized
apartment
without
warrant
statements
used
impeach
credibility
inadmissible
made
voluntarily
arizona
reversed
murder
assault
convictions
grounds
affirmed
narcotics
convictions
held
warrantless
search
homicide
scene
permissible
fourth
fourteenth
amendments
mincey
statements
voluntary
granted
certiorari
consider
substantial
constitutional
question
first
question
presented
whether
search
mincey
apartment
constitutionally
permissible
shooting
narcotics
agents
thinking
persons
apartment
might
injured
looked
quickly
victims
found
young
woman
wounded
bedroom
closet
mincey
apparently
unconscious
bedroom
well
mincey
three
acquaintances
one
wounded
head
living
room
emergency
assistance
requested
medical
aid
administered
officer
headricks
agents
refrained
investigation
pursuant
tucson
police
department
directive
police
officers
investigate
incidents
involved
neither
searched
seized
evidence
merely
guarded
suspects
premises
within
minutes
however
homicide
detectives
heard
radio
report
shooting
arrived
took
charge
investigation
supervised
removal
officer
headricks
suspects
trying
make
sure
scene
disturbed
little
possible
proceeded
gather
evidence
search
lasted
four
days
period
entire
apartment
searched
photographed
diagrammed
officers
opened
drawers
closets
cupboards
inspected
contents
emptied
clothing
pockets
dug
bullet
fragments
walls
floors
pulled
sections
carpet
removed
examination
every
item
apartment
closely
examined
inventoried
objects
seized
short
mincey
apartment
subjected
exhaustive
intrusive
search
warrant
ever
obtained
petitioner
pretrial
motion
suppress
fruits
search
denied
hearing
much
evidence
introduced
trial
including
photographs
diagrams
bullets
shell
casings
guns
narcotics
narcotics
paraphernalia
product
search
apartment
appeal
arizona
reaffirmed
previous
decisions
held
warrantless
search
scene
homicide
constitutionally
permissible
stated
ruling
follows
hold
reasonable
warrantless
search
scene
homicide
serious
personal
injury
likelihood
death
reason
suspect
foul
play
violate
fourth
amendment
constitution
law
enforcement
officers
legally
premises
first
instance
search
reasonable
purpose
must
limited
determining
circumstances
death
scope
must
exceed
purpose
search
must
also
begin
within
reasonable
period
following
time
officials
first
learn
murder
potential
murder
agree
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
see
also
south
dakota
opperman
powell
concurring
coolidge
new
hampshire
vale
louisiana
terry
ohio
trupiano
arizona
hold
search
petitioner
apartment
fell
within
exceptions
warrant
requirement
previously
recognized
rather
search
homicide
scene
recognized
additional
exception
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reasons
advanced
state
meet
burden
show
existence
exceptional
situation
justify
creating
new
exception
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requirement
see
vale
louisiana
supra
jeffers
none
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however
persuades
us
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generic
exception
delineated
arizona
first
contention
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petitioner
apartment
invade
constitutionally
protected
right
privacy
see
katz
supra
argument
appears
two
prongs
one
hand
state
urges
shooting
officer
headricks
mincey
forfeited
reasonable
expectation
privacy
apartment
recently
rejected
similar
waiver
argument
michigan
tyler
suffices
say
reasoning
impressibly
convict
suspect
even
evidence
gathered
hand
state
contends
police
entry
arrest
mincey
great
invasion
privacy
additional
intrusion
caused
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constitutionally
irrelevant
claim
hardly
tenable
light
extensive
nature
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one
thing
say
one
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taken
police
custody
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right
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see
edwards
robinson
quite
another
argue
also
lessened
right
privacy
entire
house
indeed
argument
rejected
advanced
support
warrantless
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dwelling
search
occurred
incident
arrest
occupant
chimel
california
thus
search
justified
ground
constitutionally
protected
right
privacy
invaded
state
second
argument
support
categorical
exception
warrant
requirement
possible
homicide
presents
emergency
situation
demanding
immediate
action
question
right
police
respond
emergency
situations
numerous
state
federal
cases
recognized
fourth
amendment
bar
police
officers
making
warrantless
entries
searches
reasonably
believe
person
within
need
immediate
aid
similarly
police
come
upon
scene
homicide
may
make
prompt
warrantless
search
area
see
victims
killer
still
premises
cf
michigan
tyler
supra
need
protect
preserve
life
avoid
serious
injury
justification
otherwise
illegal
absent
exigency
emergency
wayne
app
opinion
burger
police
may
seize
evidence
plain
view
course
legitimate
emergency
activities
michigan
tyler
supra
coolidge
new
hampshire
warrantless
search
must
strictly
circumscribed
exigencies
justify
initiation
terry
ohio
simply
contended
search
justified
emergency
threatening
life
limb
persons
mincey
apartment
located
investigating
homicide
officers
arrived
began
search
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included
opening
dresser
drawers
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hardly
rationalized
terms
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justify
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third
state
points
vital
public
interest
prompt
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extremely
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crime
murder
one
doubt
importance
goal
public
interest
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serious
crimes
comparable
warrantless
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homicide
scene
reasonable
warrantless
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scene
rape
robbery
burglary
consideration
relevant
fourth
amendment
suggests
point
rational
limitation
doctrine
chimel
california
supra
moreover
mere
fact
law
enforcement
may
made
efficient
never
justify
disregard
fourth
amendment
cf
coolidge
new
hampshire
supra
investigation
crime
always
simplified
warrants
unnecessary
fourth
amendment
reflects
view
wrote
bill
rights
privacy
person
home
property
may
totally
sacrificed
name
maximum
simplicity
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criminal
law
see
chadwick
reason
warrants
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required
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person
home
person
unless
exigencies
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make
needs
law
enforcement
compelling
warrantless
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objectively
reasonable
fourth
amendment
mcdonald
johnson
see
chimel
california
supra
search
arrested
suspect
area
within
control
weapons
evidence
warden
hayden
hot
pursuit
fleeing
suspect
schmerber
california
imminent
destruction
evidence
see
also
supra
except
fact
offense
investigation
homicide
exigent
circumstances
case
indeed
arizona
recognized
indication
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removed
time
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indeed
police
guard
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warrant
easily
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hold
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finally
state
argues
murder
scene
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constitutionally
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decision
arizona
see
supra
light
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place
case
may
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protection
guidelines
afford
person
whose
home
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occurs
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rigidly
confining
state
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assert
confer
unbridled
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individual
officer
interpret
terms
reasonable
search
serious
personal
injury
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death
reason
suspect
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play
reasonable
period
precisely
kind
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proposed
search
fourth
amendment
requires
made
neutral
objective
magistrate
police
officer
see
district
coolidge
new
hampshire
supra
mancusi
deforte
wong
sun
may
well
circumstances
described
arizona
usually
constitutionally
sufficient
warrant
search
substantial
scope
fourth
amendment
requires
judgment
case
made
first
instance
neutral
magistrate
point
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amendment
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zealous
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denies
law
enforcement
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men
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neutral
detached
magistrate
instead
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officer
engaged
often
competitive
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ferreting
crime
johnson
supra
ii
since
presumably
new
trial
case
appropriate
consider
also
petitioner
contention
statements
made
hospital
bed
involuntary
therefore
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trial
mincey
brought
hospital
shooting
taken
immediately
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room
examined
treated
sustained
wound
hip
resulting
damage
sciatic
nerve
partial
paralysis
right
leg
tubes
inserted
throat
help
breathe
nose
stomach
keep
vomiting
catheter
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bladder
received
various
drugs
device
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arm
fed
intravenously
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intensive
care
unit
eight
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hust
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police
department
came
intensive
care
unit
interrogate
mincey
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tube
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questions
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told
mincey
arrest
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police
officer
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warnings
required
miranda
arizona
began
ask
questions
events
taken
place
mincey
apartment
hours
earlier
although
mincey
asked
repeatedly
interrogation
stop
get
lawyer
hust
continued
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almost
midnight
pretrial
hearing
see
jackson
denno
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found
mincey
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voluntarily
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took
witness
stand
trial
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used
effort
impeach
testimony
several
respects
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arizona
indicated
belief
detective
hust
failed
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mincey
request
lawyer
statements
inadmissible
part
prosecution
case
chief
miranda
arizona
supra
relying
harris
new
york
oregon
hass
held
since
trial
finding
voluntariness
clear
ly
manifest
ly
erroneous
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defendant
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miranda
arizona
supra
admissible
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trustworthiness
satisfies
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standards
harris
new
york
supra
oregon
hass
supra
criminal
trial
use
defendant
involuntary
statement
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process
law
even
though
ample
evidence
aside
confession
support
conviction
jackson
denno
supra
haynes
washington
lynumn
illinois
stroble
california
see
chapman
california
therefore
mincey
statements
detective
hust
product
rational
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townsend
sain
quoting
blackburn
alabama
conviction
stand
making
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bound
arizona
holding
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davis
north
carolina
haynes
washington
supra
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mincey
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hours
earlier
arrived
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point
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hust
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events
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written
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mincey
questioned
lying
back
hospital
bed
encumbered
tubes
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breathing
apparatus
short
complete
mercy
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hust
unable
escape
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thrust
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cf
beecher
alabama
debilitated
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say
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lawyer
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mincey
gave
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next
day
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entreaties
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alone
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ceased
interrogation
intervals
mincey
lost
consciousness
received
medical
treatment
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returned
relentlessly
task
statements
issue
thus
result
virtually
continuous
questioning
seriously
painfully
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man
edge
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case
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abuses
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cases
find
confessions
involuntary
beatings
see
brown
mississippi
truth
serums
see
townsend
sain
blood
accused
hallmark
unconstitutional
inquisition
blackburn
alabama
determination
whether
statement
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mere
cases
reck
pate
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case
mincey
statements
product
free
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greenwald
wisconsin
contrary
undisputed
evidence
makes
clear
mincey
wanted
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mincey
weakened
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counsel
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process
law
requires
statements
obtained
used
way
defendant
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iii
foregoing
reasons
judgment
arizona
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
state
appellate
held
jury
improperly
instructed
criminal
intent
appears
record
case
retrial
petitioner
murder
assault
charges
stayed
trial
certiorari
granted
police
also
returned
apartment
november
request
petitioner
landlord
remove
property
petitioner
remained
apartment
lease
expired
october
state
sample
state
ex
rel
berger
superior
state
duke
appeals
ninth
circuit
reversed
denial
petition
writ
habeas
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filed
defendant
whose
conviction
upheld
state
sample
supra
ground
inter
alia
warrantless
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scene
violated
fourth
fourteenth
amendments
sample
eyman
moreover
rationale
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home
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stranger
yet
arizona
cases
indicate
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also
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cf
state
sample
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people
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cal
patrick
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people
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app
maxey
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davis
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ford
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