steagald
argued
january
decided
april
pursuant
arrest
warrant
one
lyons
drug
enforcement
administration
agents
entered
petitioner
home
search
lyons
without
first
obtaining
search
warrant
course
searching
home
agents
found
cocaine
incriminating
evidence
find
lyons
petitioner
arrested
indicted
federal
drug
charges
pretrial
motion
suppress
evidence
uncovered
search
home
ground
illegally
obtained
agents
failed
obtain
search
warrant
denied
district
petitioner
convicted
appeals
affirmed
held
government
precluded
contending
petitioner
lacked
expectation
privacy
searched
home
sufficient
prevail
fourth
amendment
claim
argument
never
raised
courts
rather
government
made
contrary
assertions
courts
acquiesced
contrary
findings
pp
search
question
violated
fourth
amendment
took
place
absence
consent
exigent
circumstances
pp
absent
exigent
circumstances
consent
home
may
searched
without
warrant
two
distinct
interests
implicated
search
case
lyons
interest
free
unreasonable
seizure
petitioner
interest
free
unreasonable
search
home
arrest
warrant
lyons
addressed
former
interest
search
petitioner
home
reasonable
petitioner
perspective
conducted
absence
warrant
search
therefore
violated
fourth
amendment
pp
common
law
contrary
government
assertion
furnish
precedent
upholding
search
question
rather
sheds
little
light
narrow
issue
presented
whether
arrest
warrant
opposed
search
warrant
adequate
protect
fourth
amendment
interests
persons
named
warrant
home
searched
without
consent
absence
exigent
circumstances
moreover
history
fourth
amendment
strongly
suggests
framers
sanctioned
search
question
pp
search
warrant
requirement
circumstances
case
significantly
impede
effective
law
enforcement
efforts
arrest
warrant
alone
suffices
enter
suspect
residence
probable
cause
exists
warrant
required
apprehend
suspected
felon
public
place
moreover
doctrine
significantly
limits
situations
search
warrant
needed
situations
search
warrant
necessary
inconvenience
incurred
police
generally
insignificant
event
whatever
practical
problems
requiring
search
warrant
cases
outweigh
constitutional
interest
stake
protecting
right
presumptively
innocent
people
secure
homes
unjustified
forcible
intrusions
government
pp
marshall
delivered
opinion
brennan
stewart
blackmun
powell
stevens
joined
burger
concurred
judgment
rehnquist
filed
dissenting
opinion
white
joined
post
john
richard
young
appointment
argued
cause
filed
brief
petitioner
deputy
solicitor
general
frey
argued
cause
brief
solicitor
general
mccree
assistant
attorney
general
heymann
peter
buscemi
elliott
schulder
william
otis
patty
merkamp
stemler
john
mcnally
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
reversal
justice
marshall
delivered
opinion
issue
case
whether
fourth
amendment
law
enforcement
officer
may
legally
search
subject
arrest
warrant
home
third
party
without
first
obtaining
search
warrant
concluding
search
warrant
must
obtained
absent
exigent
circumstances
consent
reverse
judgment
appeals
fifth
circuit
affirming
petitioner
conviction
early
january
agent
drug
enforcement
administration
dea
contacted
detroit
confidential
informant
suggested
might
able
locate
ricky
lyons
federal
fugitive
wanted
drug
charges
january
informant
called
agent
gave
telephone
number
atlanta
area
according
informant
ricky
lyons
reached
next
hours
january
agent
called
fellow
dea
agent
kelly
goodowens
atlanta
relayed
information
obtained
informant
goodowens
contacted
southern
bell
telephone
secured
address
corresponding
telephone
number
obtained
informant
goodowens
also
discovered
lyons
subject
arrest
warrant
two
days
later
goodowens
officers
drove
address
supplied
telephone
company
search
lyons
officers
observed
two
men
standing
outside
house
searched
men
hoyt
gaultney
petitioner
gary
steagald
officers
approached
guns
drawn
frisked
men
demanding
identification
determined
neither
man
lyons
several
agents
proceeded
house
gaultney
wife
answered
door
informed
agents
alone
house
told
place
hands
wall
guarded
position
one
agent
searched
house
ricky
lyons
found
search
house
agent
observed
believed
cocaine
upon
informed
discovery
agent
goodowens
sent
officer
obtain
search
warrant
meantime
conducted
second
search
house
uncovered
additional
incriminating
evidence
third
search
conducted
pursuant
search
warrant
agents
uncovered
pounds
cocaine
petitioner
arrested
indicted
federal
drug
charges
prior
trial
petitioner
moved
suppress
evidence
uncovered
various
searches
ground
illegally
obtained
agents
failed
secure
search
warrant
entering
house
agent
goodowens
testified
suppression
hearing
physical
hindrance
preventing
obtaining
search
warrant
believed
arrest
warrant
ricky
lyons
sufficient
justify
entry
search
district
agreed
view
denied
suppression
motion
petitioner
convicted
renewed
challenge
search
appeal
divided
appeals
fifth
circuit
affirmed
district
denial
petitioner
suppression
motion
gaultney
issue
presented
case
important
one
divided
circuits
granted
certiorari
ii
government
initially
seeks
avert
consideration
fifth
circuit
decision
suggesting
petitioner
may
regardless
merits
decision
lack
expectation
privacy
house
sufficient
prevail
fourth
amendment
claim
argument
never
raised
government
courts
moreover
brief
opposition
certiorari
government
represented
house
question
petitioner
residence
occupied
petitioner
gaultney
gaultney
wife
brief
opposition
however
government
contends
record
clearly
show
petitioner
reasonable
expectation
privacy
house
hence
urges
us
remand
case
district
factual
question
decline
follow
suggested
disposition
aside
arguing
search
warrant
constitutionally
required
government
initially
entitled
defend
petitioner
charge
unlawful
search
asserting
petitioner
lacked
reasonable
expectation
privacy
searched
home
consented
search
exigent
circumstances
justified
entry
government
however
may
lose
right
raise
factual
issues
sort
made
contrary
assertions
courts
acquiesced
contrary
findings
courts
failed
raise
questions
timely
fashion
litigation
conclude
case
magistrate
report
petitioner
suppression
motion
adopted
district
characterized
issue
whether
arrest
warrant
sufficient
justify
search
home
third
person
subject
warrant
app
government
never
sought
correct
characterization
appeal
instead
acquiesced
district
view
petitioner
fourth
amendment
claim
moreover
trial
appeal
case
government
argued
successfully
petitioner
connection
searched
home
sufficient
establish
constructive
possession
cocaine
found
suitcase
closet
house
moreover
appeals
concluded
magistrate
district
petitioner
fourth
amendment
claim
involved
type
warrant
necessary
search
premises
belonging
third
party
government
declined
disturb
characterization
petitioner
sought
review
government
filed
certiorari
suggesting
case
remanded
district
proceedings
instead
government
argued
review
unnecessary
finally
government
opposition
certiorari
expressly
represented
searched
home
petitioner
residence
thus
course
proceedings
government
directly
sought
connect
petitioner
house
acquiesced
statements
courts
characterizing
search
one
petitioner
residence
made
similar
concessions
two
years
petitioner
trial
government
seeks
return
case
district
factual
issue
tactical
advantages
government
disposition
obvious
government
prevailed
claim
upon
remand
relieved
task
defending
judgment
appeals
conclude
however
government
assertions
concessions
acquiescence
lost
right
challenge
petitioner
assertion
possessed
legitimate
expectation
privacy
searched
home
therefore
turn
merits
petitioner
claim
iii
question
us
narrow
one
search
issue
took
place
absence
consent
exigent
circumstances
except
special
situations
consistently
held
entry
home
conduct
search
make
arrest
unreasonable
fourth
amendment
unless
done
pursuant
warrant
see
payton
new
york
johnson
thus
recently
observed
terms
apply
equally
seizures
property
seizures
persons
fourth
amendment
drawn
firm
line
entrance
house
absent
exigent
circumstances
threshold
may
reasonably
crossed
without
warrant
payton
new
york
supra
see
coolidge
new
hampshire
jones
agnello
course
agents
warrant
one
authorizing
arrest
ricky
lyons
however
fourth
amendment
claim
raised
ricky
lyons
instead
challenge
search
asserted
person
named
warrant
convicted
basis
evidence
uncovered
search
residence
ricky
lyons
thus
narrow
issue
us
whether
arrest
warrant
opposed
search
warrant
adequate
protect
fourth
amendment
interests
persons
named
warrant
homes
searched
without
consent
absence
exigent
circumstances
purpose
warrant
allow
neutral
judicial
officer
assess
whether
police
probable
cause
make
arrest
conduct
search
often
explained
placement
checkpoint
government
citizen
implicitly
acknowledges
officer
engaged
often
competitive
enterprise
ferreting
crime
johnson
supra
may
lack
sufficient
objectivity
weigh
correctly
strength
evidence
supporting
contemplated
action
individual
interests
protecting
liberty
privacy
home
coolidge
new
hampshire
supra
mcdonald
however
arrest
warrant
search
warrant
serve
subject
determination
police
judicial
review
interests
protected
two
warrants
differ
arrest
warrant
issued
magistrate
upon
showing
probable
cause
exists
believe
subject
warrant
committed
offense
thus
warrant
primarily
serves
protect
individual
unreasonable
seizure
search
warrant
contrast
issued
upon
showing
probable
cause
believe
legitimate
object
search
located
particular
place
therefore
safeguards
individual
interest
privacy
home
possessions
unjustified
intrusion
police
thus
whether
arrest
warrant
issued
case
adequately
safeguarded
interests
protected
fourth
amendment
depends
upon
warrant
authorized
agents
sure
warrant
embodied
judicial
finding
probable
cause
believe
ricky
lyons
committed
felony
warrant
therefore
authorized
officers
seize
lyons
however
agents
sought
use
warrant
arrest
lyons
public
place
home
instead
relied
warrant
legal
authority
enter
home
third
person
based
belief
ricky
lyons
might
guest
regardless
reasonable
belief
might
never
subjected
detached
scrutiny
judicial
officer
thus
warrant
case
may
protected
lyons
unreasonable
seizure
absolutely
nothing
protect
petitioner
privacy
interest
free
unreasonable
invasion
search
home
instead
petitioner
protection
illegal
entry
search
agent
personal
determination
probable
cause
absence
exigent
circumstances
consistently
held
judicially
untested
determinations
reliable
enough
justify
entry
person
home
arrest
without
warrant
search
home
objects
absence
search
warrant
payton
new
york
supra
johnson
supra
see
reason
depart
settled
course
search
home
person
rather
object
contrary
conclusion
police
acting
alone
absence
exigent
circumstances
may
decide
sufficient
justification
searching
home
third
party
subject
arrest
warrant
create
significant
potential
abuse
armed
solely
arrest
warrant
single
person
police
search
homes
individual
friends
acquaintances
see
lankford
gelston
enjoining
police
practice
homes
searched
pursuant
arrest
warrants
two
fugitives
moreover
arrest
warrant
may
serve
pretext
entering
home
police
suspicion
probable
cause
believe
illegal
activity
taking
place
cf
chimel
california
government
recognizes
potential
abuses
contends
existing
remedies
motions
suppress
illegally
procured
evidence
damages
actions
fourth
amendment
violations
provide
adequate
means
redress
agree
observed
previous
occasion
fourth
amendment
designed
prevent
simply
redress
unlawful
police
action
chimel
california
supra
indeed
suppression
motions
damages
actions
sufficient
implement
fourth
amendment
prohibition
unreasonable
searches
seizures
need
constitutional
requirement
absence
exigent
circumstances
warrant
must
obtained
home
arrest
search
home
objects
instead
concluded
cases
participation
detached
magistrate
determination
essential
element
reasonable
search
seizure
believe
conclusion
apply
sum
two
distinct
interests
implicated
search
issue
ricky
lyons
interest
free
unreasonable
seizure
petitioner
interest
free
unreasonable
search
home
arrest
warrant
lyons
addressed
former
interest
search
petitioner
home
reasonable
petitioner
perspective
conducted
absence
warrant
since
warrantless
searches
home
impermissible
absent
consent
exigent
circumstances
conclude
instant
search
violated
fourth
amendment
iv
government
concedes
view
apparently
logical
furthers
general
policies
underlying
fourth
amendment
virtue
producing
symmetry
law
entry
conduct
search
things
seized
law
entry
conduct
search
persons
seized
brief
yet
informed
conclusion
without
flaws
contrary
precedent
creates
practical
problems
law
enforcement
treat
contentions
turn
common
law
may
within
limits
instructive
determining
sorts
searches
framers
fourth
amendment
regarded
reasonable
see
payton
new
york
government
contends
common
law
officer
forcibly
enter
home
third
party
execute
arrest
warrant
sure
several
commentators
suggest
constable
break
open
doors
effect
arrest
see
chitty
criminal
law
chitty
foster
crown
law
foster
hale
pleas
crown
ed
hale
see
coke
institutes
support
proposition
commentators
rely
single
decision
semayne
case
eng
see
chitty
foster
hale
although
case
involved
authority
sheriff
effect
civil
service
person
within
home
noted
dictum
person
escape
ordinary
process
law
seeking
refuge
home
third
party
eng
however
language
decision
free
ambiguity
suggests
forcible
entry
third
party
house
permissible
person
arrested
pursued
house
decision
refers
person
flies
another
home
annotation
notes
order
justify
breaking
outer
door
denial
request
take
person
house
stranger
must
understood
person
upon
pursuit
taketh
refuge
house
another
eng
emphasis
original
commentators
appear
adopted
limitation
see
chitty
sheriff
may
enter
third
parties
home
offender
fly
refuge
foster
stranger
whose
ordinary
residence
elsewhere
upon
pursuit
taketh
refuge
house
another
castle
claim
benefit
sanctuary
hale
forcible
entry
permissible
upon
strong
necessity
long
recognized
hot
pursuit
cases
fall
within
exception
warrant
requirement
see
warden
hayden
therefore
distinguishable
routine
search
situation
presented
important
general
question
addressed
commentators
different
issue
presented
case
authorities
government
relies
concerned
whether
subject
arrest
warrant
claim
sanctuary
arrest
hiding
home
third
party
see
chitty
foster
hale
thus
semayne
case
observed
house
one
castle
privilege
shall
extend
protect
person
flies
house
goods
brought
conveyed
house
prevent
lawful
execution
escape
ordinary
process
law
privilege
house
extends
family
proper
goods
eng
common
law
thus
sheds
relatively
little
light
narrow
question
us
history
fourth
amendment
strongly
suggests
framers
sanctioned
instant
search
fourth
amendment
intended
partly
protect
abuses
general
warrants
occurred
england
writs
assistance
used
colonies
see
payton
new
york
white
dissenting
boyd
lasson
history
development
fourth
amendment
constitution
general
warrant
specified
offense
typically
seditious
libel
left
discretion
executing
officials
decision
persons
arrested
places
searched
similarly
writs
assistance
used
colonies
noted
object
search
uncustomed
goods
thus
left
customs
officials
completely
free
search
place
believed
goods
might
central
objectionable
feature
warrants
provided
judicial
check
determination
executing
officials
evidence
available
justified
intrusion
particular
home
stanford
texas
arrest
warrant
extent
invoked
authority
enter
homes
third
parties
suffers
infirmity
like
writ
assistance
specifies
object
search
case
ricky
lyons
leaves
unfettered
discretion
police
decision
particular
homes
searched
believe
framers
fourth
amendment
condoned
result
government
also
suggests
practical
problems
might
arise
law
enforcement
officers
required
obtain
search
warrant
entering
home
third
party
make
arrest
basis
concern
persons
opposed
objects
inherently
mobile
thus
officers
seeking
effect
arrest
may
forced
return
magistrate
several
times
subject
arrest
warrant
moves
place
place
convinced
however
search
warrant
requirement
significantly
impede
effective
law
enforcement
efforts
first
situations
search
warrant
necessary
noted
payton
new
york
supra
arrest
warrant
alone
suffice
enter
suspect
residence
effect
arrest
furthermore
probable
cause
exists
warrant
required
apprehend
suspected
felon
public
place
watson
thus
subject
arrest
warrant
readily
seized
entering
leaving
home
third
party
finally
doctrine
significantly
limits
situations
search
warrant
needed
example
warrantless
entry
home
justified
police
hot
pursuit
fugitive
see
santana
warden
hayden
thus
extent
searches
persons
pose
special
problems
believe
doctrine
adequate
accommodate
legitimate
law
enforcement
needs
moreover
situations
search
warrant
necessary
inconvenience
incurred
police
simply
significant
first
police
know
location
felon
obtain
arrest
warrant
additional
burden
obtaining
search
warrant
time
miniscule
inconvenience
obtaining
warrant
increase
significantly
outstanding
arrest
warrant
already
exists
case
example
agent
goodowens
knew
address
house
searched
two
days
advance
planned
raid
federal
courthouse
atlanta
informed
three
fulltime
magistrates
duty
routine
search
cases
short
time
required
obtain
search
warrant
magistrate
seldom
hinder
efforts
apprehend
felon
finally
magistrate
nearby
telephonic
search
warrant
usually
obtained
see
fed
rule
crim
proc
whatever
practical
problems
remain
however
outweigh
constitutional
interests
stake
warrant
requirement
impedes
extent
vigor
government
seek
enforce
laws
yet
fourth
amendment
recognizes
restraint
necessary
cases
protect
unreasonable
searches
seizures
conclude
case
additional
burden
imposed
police
warrant
requirement
minimal
contrast
right
protected
presumptively
innocent
people
secure
homes
unjustified
forcible
intrusions
government
weighty
thus
order
render
instant
search
reasonable
fourth
amendment
search
warrant
required
accordingly
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
last
term
noted
question
remained
unresolved
see
payton
new
york
three
circuits
held
absence
exigent
circumstances
search
warrant
required
law
officers
may
enter
home
third
party
execute
arrest
warrant
see
government
virgin
islands
gereau
cert
denied
wallace
king
cert
pending
prescott
two
circuits
joined
appeals
case
adopting
contrary
view
search
warrant
required
situations
police
arrest
warrant
reason
believe
person
arrested
within
home
searched
see
mckinney
harper
cert
denied
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entries
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person
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party
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enforcement
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time
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amendment
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payton
new
york
rules
governing
searches
arrests
evolved
society
far
simpler
today
crime
changed
means
law
enforcement
therefore
naive
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actions
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take
english
american
village
three
centuries
ago
necessarily
govern
society
regard
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cf
katz
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amendment
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interpreted
light
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conditions
payton
new
york
supra
three
decisions
cited
government
address
issue
raised
johnson
leigh
taunt
eng
dealt
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home
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person
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door
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conduct
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two
decisions
cited
government
sheers
brooks
bl
eng
kelsy
wright
root
dealt
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enter
home
person
arrested
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see
supra
number
circuits
already
require
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warrant
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sort
see
supra
indication
record
law
enforcement
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jurisdictions
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thus
inclined
view
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payton
new
york
moreover
informed
government
present
policy
drug
enforcement
administration
whose
agents
conducted
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present
case
secure
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warrant
prior
making
arrest
entry
third
party
premises
absence
exigent
circumstances
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brief
opposition
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noted
government
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situations
police
may
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altogether
need
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warrant
simply
waiting
suspect
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third
person
home
attempting
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suspect
justice
rehnquist
justice
white
joins
dissenting
opinion
reversing
petitioner
conviction
proceeds
pristinely
simple
manner
steagald
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amendment
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interest
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entered
police
even
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premises
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justice
probable
cause
believe
within
arrest
warrant
sufficient
absent
exigent
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justify
invading
steagald
privacy
interest
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petitioner
steagald
privacy
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different
lyons
interest
free
unreasonable
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invasion
latter
words
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instant
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violated
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amendment
ante
case
therefore
resolved
simple
aristotelian
syllogism
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ends
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decision
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invasion
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entails
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municipal
san
francisco
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amendment
cases
reasonableness
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ultimate
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wyman
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determining
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believe
existence
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interests
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execute
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compelling
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situations
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definition
police
probable
cause
believe
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dwelling
home
may
stay
week
day
minutes
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justice
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police
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way
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whether
subject
arrest
warrant
dwelling
return
seeking
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warrant
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mckinney
state
jordan
en
banc
imposition
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warrant
requirement
circumstances
frustrate
compelling
interests
government
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subject
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homes
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new
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supra
white
dissenting
ivory
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nn
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