Sedillo v. United States
| Decision Date | 21 October 1974 |
| Docket Number | No. 73-6754,73-6754 |
| Parties | Antonio R. SEDILLO v. UNITED STATES |
| Court | U.S. Supreme Court |
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The petition for a writ of certiorari is denied.
Petitioner was walking up a freeway on-ramp when he was stopped by an officer. Petitioner gave the officer his name but was unable to produce any identification. The officer noticed an envelope in petitioner's shirt pocket and saw through a window in the envelope that it was addressed to someone other than petitioner. He thought that the envelope contained a Treasury check, and he pulled it out of petitioner's pocket. The officer removed the check from the envelope and saw that it had been endorsed. Petition was arrested, and after further investigation was tried and convicted of forgery.
The Court of Appeals affirmed the conviction on the ground that the officer had probable cause to seize the check from petitioner's person and that the absence of a warrant is excused by the plain view doctrine. 496 F.2d, at 151-152. Judge Hufstedler wrote a dissent in which she pointed out that the incriminating aspects of the item in petitioner's pocket simply were not in plain view. The check itself and in particular the endorsement were not visible until the envelope had been removed from petitioner's pocket and opened. Id., at 153 (footnote omitted).
In Coolidge v. New Hampshire, 403 U.S. 443, 466, 91 S.Ct. 2022, 29 L.Ed.2d 564, the Court pointed out that the plain view doctrine is applicable only 'where it is immediately apparent to the police that they have evidence before them; the 'plain view' doctrine may not be used to extend a general exploratory search from one object to another until something incriminating at last emerges.' To use the plain view rationale in this case is to ignore the limitations on that exception to the warrant requirement...
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...States v. Duckett, supra, 583 F.2d at 1312-13; United States v. Sedillo, 496 F.2d 151 (9 Cir. 1974), Cert. denied, 419 U.S. 947, 95 S.Ct. 211, 42 L.Ed.2d 168 (1974). With so much in the way of cause to believe in Ochs' widespread participation in criminal activities, inspection and seizure ......
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Bynum v. United States, 10754.
...173, 177-78, 523 F.2d 1122, 1126-27 (1975); United States v. Sedillo, 496 F.2d 151 (9th Cir.), cert. denied, 419 U.S. 947, 95 S.Ct. 211, 42 L.Ed.2d 168 (1974); United States v. Damitz, 495 F.2d 50, 56 (9th Cir. 1974); United States v. Wheeler, 148 U.S.App.D.C. 204, 205, 459 F.2d 1228, 1229 ......
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State v. Wilson, 26
...(1973). See also United States v. Sedillo, 496 F.2d 151, 152-53 (9th Cir.) (Hufstedler, J., dissenting), cert. denied, 419 U.S. 947, 95 S.Ct. 211, 42 L.Ed.2d 168 (1974). In Hayden, of course, the Court held that mere evidence, as well as fruits, instrumentalities, and contraband, may be sei......