Harris v. United States

Decision Date05 March 1968
Docket NumberNo. 92,92
PartiesJames H. HARRIS, Petitioner, v. UNITED STATES
CourtU.S. Supreme Court

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

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


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 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 open window on one of the back doors. Proceeding to the front door on the passenger side, the officer opened the door in order to secure the window and door. He then saw the registration card, which lay face up on the metal stripping over which the door closes. The officer returned to the precinct, brought petitioner to the car, and confronted petitioner with the registration card. Petitioner disclaimed all knowledge of the card. The officer then seized the card and brought it into the precinct. Returning to the car, he searched the trunk, rolled up the windows, and...

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1512 cases
  • Cobb v. Wyrick
    • United States
    • U.S. District Court — Western District of Missouri
    • June 20, 1974
    ...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 States v. Lee, ......
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    • United States
    • California Court of Appeals
    • July 17, 1973
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    • United States
    • United States State Supreme Court of North Carolina
    • April 17, 1978
    ...substantially eroded if not abrogated altogether by later cases of the United States Supreme Court. In Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968), the Court sustained the seizure of an automobile registration card used in evidence against the defendant at hi......
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    • United States
    • United States State Supreme Court (California)
    • June 16, 1972
    ...... and in 1948 he and his family moved to Old Jerusalem where they remained until coming to the United States in 1956. Throughout his eight years in Old Jerusalem there were intermittent bombings. He ...1202 (1927); Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 898 (1924).' (Harris v. United . Page 407 . [497 P.2d 1143] States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d ......
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4 books & journal articles
  • The Supreme Court giveth and the Supreme Court taketh away: the century of Fourth Amendment "search and seizure" doctrine.
    • United States
    • Journal of Criminal Law and Criminology Vol. 100 No. 3, June 2010
    • June 22, 2010
    ...Rule in the Chicago Criminal Courts, 63 U. COLO. L. REV. 75, 95-114 (1992). (280) Preston v. United States, 376 U.S. 364 (1964). (281) 390 U.S. 234, 236 (282) 381 U.S. 618 (1965). (283) Id. at 637. (284) Justice Clark's majority opinion in Linkletter conceded that the ruling against retroac......
  • Chapter 5 - §2. Elements for exclusion
    • United States
    • Full Court Press California Guide to Criminal Evidence Chapter 5 Exclusion of Evidence on Constitutional Grounds
    • Invalid date
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  • Chapter 5 - §3. Exceptions to warrant requirement
    • United States
    • Full Court Press California Guide to Criminal Evidence Chapter 5 Exclusion of Evidence on Constitutional Grounds
    • Invalid date
    ...494 U.S. 325, 330 (officers conducting protective sweep during arrest could seize running suit in plain view); Harris v. U.S. (1968) 390 U.S. 234, 235-36 (officers conducting lawful inventory search could seize registration card that was in plain view). But the officer must not exceed the s......
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    • United States
    • Full Court Press California Guide to Criminal Evidence Table of Cases
    • Invalid date
    ...Ch. 5-C, §4.1.1 Harris v. State of S.C., 338 U.S. 68, 69 S. Ct. 1354, 93 L. Ed. 1815 (1949)—Ch. 5-B, §2.2.2(3)(a)[3] Harris v. U.S., 390 U.S. 234, 88 S. Ct. 992, 19 L. Ed. 2d 1067 (1968)—Ch. 5-A, §2.1.1(2)(b); §3.1.2(3)(a) Harrison v. U.S., 392 U.S. 219, 88 S. Ct. 2008, 20 L. Ed. 2d 1047 (1......

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