Harris v. United States, No. 92

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; MARSHALL; DOUGLAS
Citation390 U.S. 234,88 S.Ct. 992,19 L.Ed.2d 1067
Docket NumberNo. 92
Decision Date05 March 1968
PartiesJames H. HARRIS, Petitioner, v. UNITED STATES

390 U.S. 234
88 S.Ct. 992
19 L.Ed.2d 1067
James H. HARRIS, Petitioner,

v.

UNITED STATES.

No. 92.
Argued Jan. 18, 1968.
Decided March 5, 1968.

Paul H. Weinstein, Washington, D.C., for petitioner.

Francis X. Beytagh, Jr., Cleveland, Ohio, for respondent.

PER CURIAM.

Petitioner was charged with robbery under the District of Columbia Code. D.C.Code Ann. § 22—2901. At his trial in the United States District Court for the District of Columbia, petitioner moved to suppress an automobile registration card belonging to the robbery victim, which the Government sought to introduce in evidence. The trial court, after a hearing, ruled that the card was admissible. Petitioner was convicted of the crime charged and sentenced to imprisonment for a period of

Page 235

two to seven years. On appeal, a panel of the United States Court of Appeals for the District of Columbia Circuit reversed, holding that the car had been obtained by means of an unlawful search. The Government's petition for rehearing en banc was, however, granted, and the full Court of Appeals affirmed petitioner's conviction, with two judges dissenting. We granted certiorari to consider the problem presented under the Fourth Amendment. 386 U.S. 1003, 87 S.Ct. 1353, 19 L.Ed.2d 432 (1967). We affirm.

Petitioner's automobile had been seen leaving the site of the robbery. The car was traced and petitioner was arrested as he was entering it near his home. After a cursory search of the car, the arresting officer took petitioner to a police station. The police decided to impound the car as evidence, and a crane was called to tow it to the precinct. It reached the precinct about an hour and a quarter after petitioner. At this moment, the windows of the car were open and the door unlocked. It had begun to rain.

A regulation of the Metropolitan Police Department requires the officer who takes an impounded vehicle in charge to search the vehicle thoroughly, to remove all valuables from it, and to attach to the vehicle a property tag listing certain information about the circumstances of the impounding. Pursuant to this regulation, and without a warrant, the arresting officer proceeded to the lot to which petitioner's car had been towed, in order to search the vehicle, to place a property tag on it, to roll up the windows, and to lock the doors. The officer entered on the driver's side, searched the car, and tied a property tag on the steering wheel. Stepping out of the car, he rolled up an...

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1520 practice notes
  • U.S. v. Miller, No. 78-1093
    • United States
    • U.S. Court of Appeals — First Circuit
    • November 15, 1978
    ...Such a search protects both the owner and the police. If such a search reveals evidence, the police may seize it. Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968); United States v. McCambridge, supra, 551 F.2d at 870-71. Appellant objects, however, that the seizur......
  • U.S. v. Williams, No. 85-6082
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 7, 1987
    ...v. Sanders, supra note 71, 442 U.S. at 764-765 n. 13, 99 S.Ct. at 2593 n. 13, 61 L.Ed.2d at 245 n. 13 (citing Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067, 1069 (1968) (per 79 See United States v. Morgan, 744 F.2d 1215, 1222 (6th Cir.1984); United States v.......
  • U.S. v. Kelly, No. 75--1686
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 27, 1976
    ...principally relies on the 'plain view' exception to the general Fourth Amendment warrant requirement. See, e.g., Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968). The government emphasizes that UPS employee Spitznagel discovered the materials during a damage ......
  • Cobb v. Wyrick, Civ. A. No. 73CV49-W-1-3.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • June 20, 1974
    ...has a right to be in the position to have that view are subject to seizure and may be introduced in evidence." Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 19 L.Ed.2d 1067, 1069 (1968); Ker v. California, 374 U.S. 23, 42-43, 83 S.Ct. 1623, 10 L.Ed.2d 726, 743 (1963); United Sta......
  • Request a trial to view additional results
1520 cases
  • U.S. v. Miller, No. 78-1093
    • United States
    • U.S. Court of Appeals — First Circuit
    • November 15, 1978
    ...Such a search protects both the owner and the police. If such a search reveals evidence, the police may seize it. Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968); United States v. McCambridge, supra, 551 F.2d at 870-71. Appellant objects, however, that the seizur......
  • U.S. v. Williams, No. 85-6082
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 7, 1987
    ...v. Sanders, supra note 71, 442 U.S. at 764-765 n. 13, 99 S.Ct. at 2593 n. 13, 61 L.Ed.2d at 245 n. 13 (citing Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067, 1069 (1968) (per 79 See United States v. Morgan, 744 F.2d 1215, 1222 (6th Cir.1984); United States v.......
  • U.S. v. Kelly, No. 75--1686
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 27, 1976
    ...principally relies on the 'plain view' exception to the general Fourth Amendment warrant requirement. See, e.g., Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968). The government emphasizes that UPS employee Spitznagel discovered the materials during a damage ......
  • Cobb v. Wyrick, Civ. A. No. 73CV49-W-1-3.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • June 20, 1974
    ...has a right to be in the position to have that view are subject to seizure and may be introduced in evidence." Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 19 L.Ed.2d 1067, 1069 (1968); Ker v. California, 374 U.S. 23, 42-43, 83 S.Ct. 1623, 10 L.Ed.2d 726, 743 (1963); United Sta......
  • Request a trial to view additional results

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