Horton v. California
Encyclopedia
Horton v. California, 496 U.S. 128
(1990), was a United States Supreme Court case that developed the plain view doctrine
under the Fourth Amendment to the United States Constitution
. The Supreme Court had already recognized the doctrine in Coolidge v. New Hampshire
(1971) and in Arizona v. Hicks
(1987), but expanded it in Horton. That expansion included a three-part test, requiring that the police officer finding evidence in plain view be:
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1990), was a United States Supreme Court case that developed the plain view doctrine
Plain view doctrine
The plain view doctrine allows an officer to seize--without a warrant--evidence and contraband found in plain view during a lawful observation. This doctrine is also regularly used by TSA Federal Government Officers while screening persons and property at U.S...
under the Fourth Amendment to the United States Constitution
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
. The Supreme Court had already recognized the doctrine in Coolidge v. New Hampshire
Coolidge v. New Hampshire
Coolidge v. New Hampshire, was a United States Supreme Court case dealing with the Fourth Amendment and the automobile exception.The state sought to justify the search of Edward Coolidge's car on three theories: automobile exception, search incident, and plain view.Facts of the Case:In the wake of...
(1971) and in Arizona v. Hicks
Arizona v. Hicks
Arizona v. Hicks, , held that the Fourth Amendment requires the police to have probable cause to seize items in plain view.-Facts:On April 18, 1984, a bullet was fired through the floor of Hicks' apartment, striking and injuring a man in the apartment below. The police arrived and entered Hicks'...
(1987), but expanded it in Horton. That expansion included a three-part test, requiring that the police officer finding evidence in plain view be:
- lawfully present at the place where the evidence can be plainly viewed,
- the officer must have a lawful right of access to the object, and
- the incriminating character of the object must be “immediately apparent.”