Brief Fact Summary. Based on a tip from a confidential informant that the smell of opium was emanating from the defendant’s hotel room, a Seattle narcotics detective and a group of federal agents entered without a warrant and proceeded to search the room.
Synopsis of Rule of Law. “When the right of privacy [protected by the Fourth Amendment] must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or Government enforcement agent” unless “there are exceptional circumstances in which, on balancing the need for effective law enforcement against the right of privacy, it may be contended that a magistrate’s warrant for search may be dispensed with.”
“An officer gaining access to private living quarters under color of his office and of the law which he personifies must then have some valid basis in law for the intrusion.”
Issue. “[W]hether it was lawful, without a warrant of any kind, to arrest petitioner and to search her living quarters.”
Held. No. “At the time entry was demanded the officers were possessed of evidence which a magistrate might have found to be probable cause for issuing a search warrant,” specifically, the odor of opium coming from the room and the informant’s testimony. The Fourth Amendment’s “protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” While there are certain circumstances “in which a magistrate’s warrant for search may be dispensed with,” they were not present here.
Moreover, much of the grounds of the arrest are “not on the informer’s tip and the smell the officers recognized before entry, but on the knowledge that she was alone in the room, gained only after, and wholly by reason of, their entry of her home. It was therefore their observations inside of her quarters, after they had obtained admission under color of their police authority, on which they made the arrest.” Police officers must “have [a] valid basis in law” for the entry into private homes.
Indeed it might very well be found to be evidence of most persuasive character.View Full Point of Law