johnson argued december decided december johnson james skelly wright petitioner robert erdahl washington respondent justice jackson delivered opinion petitioner convicted four counts charging violation federal narcotic laws question brings case whether lawful without warrant kind arrest petitioner search living quarters taking government version disputed events decision rest facts detective lieutenant belland officer seattle police force narcotic detail received information confidential informer also known narcotic user unknown persons smoking opium europe hotel informer taken back hotel interview manager returned saying smell burning opium hallway belland communicated federal narcotic agents went back hotel four agents experienced narcotic work recognized strong odor burning opium distinctive unmistakable odor led room officers know occupying room knocked voice inside asked belland reply slight delay noise room defendant opened door officer said want talk little bit describes back acquiescently admitted us said want talk opium smell room denied smell said want consider arrest going search room search turned incriminating opium smoking apparatus latter warm apparently recent use evidence district refused suppress trial admitted defendant objection trial conviction resulted circuit appeals affirmed defendant challenged search home violation rights secured common others fourth amendment constitution government defends search legally justifiable particularly incident urges lawful arrest person fourth amendment constitution 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 entry defendant living quarters beginning search demanded color office granted submission authority rather understanding intentional waiver constitutional right cf amos time entry demanded officers possessed evidence magistrate might found probable cause issuing search warrant sustain defendant contention erroneously made strength taylor odors evidence sufficient constitute probable grounds search decision held odors alone authorize search without warrant presence odors testified magistrate finds affiant qualified know odor one sufficiently distinctive identify forbidden substance never held basis insufficient justify issuance search warrant indeed might well found evidence persuasive character point fourth amendment often grasped zealous officers denies law forcement support usual inferences reasonable men draw evidence protection consists requiring inferences drawn neutral detached magistrate instead judged officer engaged often competitive enterprise ferreting crime assumption evidence sufficient support magistrate disinterested determination issue search warrant justify officers making search without warrant reduce amendment nullity leave people homes secure discretion police officers crime even privacy one quarters course grave concern society law allows crime reached proper showing right officers thrust home also grave concern individual society chooses dwell reasonable security freedom surveillance right privacy must reasonably yield right search rule decided judicial officer policeman government enforcement agent exceptional circumstances balancing need effective law enforcement right privacy may contended magistrate warrant search may dispensed case reason offered obtaining search warrant except inconvenience officers slight delay necessary prepare papers present evidence magistrate never convincing reasons circumstances certainly enough bypass constitutional requirement suspect fleeing likely take flight search permanent premises movable vehicle evidence contraband threatened removal destruction except perhaps fumes suppose time disappear capable time reduced possession presentation evidence existence search adequate testimony officers effect perish delay getting warrant officers case excused constitutional duty presenting evidence magistrate difficult think case required ii government contends however search without warrant must held valid incident arrest alleged ground vai dity requires examination facts determine whether arrest lawful since without warrant valid crime committed presence arresting officer felony reasonable cause believe defendant guilty government effect concedes arresting officer probable cause arrest petitioner entered room found sole occupant points specifically referring time entry time agents know whether one several persons room reasonable believe room might opium smoking den says agents admitted room found petitioner present reasonable basis believing smoking opium thus illicitly possessed narcotic thus government quite properly stakes right arrest informer tip smell officers recognized entry knowledge alone room gained wholly reason entry home therefore observations inside quarters obtained admission color police authority made arrest thus government obliged justify arrest search time justify search arrest officer gaining access private living quarters color office law personifies must valid basis law intrusion rule undermine right people secure persons houses papers effects obliterate one fundamental distinctions form government officers law law reversed chief justice justice black justice reed justice burton dissent footnotes two counts charged violation internal revenue code two counts charged violation narcotic drugs import export act amended lefkowitz said informed deliberate determinations magistrates empowered issue warrants searches seizures permissible constitution preferred hurried action officers others may happen make arrests security unlawful searches likely attained resort search warrants reliance upon caution sagacity petty officers acting excitement attends capture persons accused crime however well founded article sought concealed dwelling house furnishes justification search place without warrant searches held unlawful notwithstanding facts unquestionably showing probable cause agnello washington law state symes state lindsey state krantz state robbins state law determines validity arrests without warrant di government brief question presented probable cause arrest petitioner possessing opium prepared smoking search room hotel incident thereto contraband opium experienced narcotic agents unmistakably detected traced pungent identifiable odor burning opium emanating room knew arrested person room government also suggests sense arrest made pursuit however find element pursuit arrest one flight completely surrounded agents knew presence claims without denial bed time made attempt escape facts seem meet requirements uniform law fresh pursuit session laws ch gouled said possible add emphasis framers constitution boyd weeks silverthorne lumber declared importance political liberty welfare country due observance rights guaranteed constitution two fourth fifth amendments effect decisions cited rights declared indispensable enjoyment personal security personal liberty private property regarded essence constitutional liberty guaranty important imperative guaranties fundamental rights individual citizenäthe right trial jury writ habeas corpus due process law repeatedly decided amendments receive liberal construction prevent stealthy encroachment upon depreciation rights secured imperceptible practice courts mistakenly overzealous executive officers