Citation. Warden, Maryland Penitentiary v. Hayden, 387 U.S. 294, 87 S. Ct. 1642, 18 L. Ed. 2d 782, 1967 U.S. LEXIS 2753 (U.S. May 29, 1967)
Brief Fact Summary. Defendant was pursued to his home, and arrested. Evidence used against him was found during a search that was unwarranted.
Synopsis of Rule of Law. “”The exigencies of the situation,’ in which the officers were in pursuit of a suspected armed felon in the house which he had entered only minutes before they arrived, permitted their warrantless entry and search” and “the distinction prohibiting seizure of items of only evidential value and allowing seizure of instrumentalities, fruits, or contraband is no longer accepted as being required by the Fourth Amendment.”
Defendant Hayden was arrested in his home after a robbery. The robber had been followed by two cab drivers to the residence. Their dispatcher notified the police, who arrived in short order and were permitted to enter by Mrs. Hayden, the defendant’s wife. As they searched the house, police found weapons, ammunition, and clothing that the robber was described as wearing. The police had no search warrant. Issue.
“[Whether] there is under the Fourth Amendment a ”distinction between merely evidentiary materials, on the one hand, which may not be seized either under the authority of a search warrant or during the course of a search incident to arrest, and on the other hand, those objects which may validly be seized including the instrumentalities and means by which a crime is committed, the fruits of crime such as stolen property, weapons by which escape of the person arrested might be effected, and property the possession of which is a crime."”