Beck v. Ohio
Encyclopedia
Beck v. Ohio, 379 U.S. 89 (1964) is a United States Supreme Court decision holding that the police arrested the defendant without probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...

, and therefore the evidence found on his person after taking him to the police station were found as part of an unconstitutional search.

Facts

A tip was given by an informant to a Cleveland, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

 police officer in reference to William Beck driving on city streets. Without a warrant, the officer placed Beck under arrest and searched his car. Nothing was found in the car. Beck was transported to the car where a search of his person was conducted. During the search of his person, several gambling-related slips were found, which was a violation of Ohio Law.

The conviction was upheld by both the Ohio Court of Appeals and the Ohio Supreme Court, that even though the searches were done without a warrant the searches were part of a lawful arrest.

Question

Did the police officer arrest and search of William Beck violate Beck's rights under the Fourth Amendment and Fourteenth Amendment?

Holding

The court overturned the Ohio Supreme Court ruling. "The record in this case does not contain a single objective fact to support a belief by the officers that the petitioner was engaged in criminal activity at the time they arrested him." Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...

further noted that, "We may assume that the officers acted in good faith. But good faith on the part of the arresting officer is not enough. If subjective good faith alone were the test, the protections of the Fourth Amendment would evaporate, and the people would be secure in their persons, houses, papers, and effects, only in the discretion of the police."
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