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HORTON v. CALIFORNIA

No. 88-7164.

496 U.S. 128 (1990)

110 S.Ct. 2301

110 L.Ed.2d 112

HORTON v. CALIFORNIA

Supreme Court of United States.

Decided June 4, 1990

Attorney(s) appearing for the Case

Juliana Drous, by appointment of the Court, 493 U.S. 952, argued the cause and filed briefs for petitioner.

Martin S. Kaye, Supervising Deputy Attorney General of California, argued the cause for respondent. With him on the brief were John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Senior Assistant Attorney General, and Clifford K. Thompson, Jr., Deputy Attorney General.*

JUSTICE STEVENS delivered the opinion of the Court.

In this case we revisit an issue that was considered, but not conclusively resolved, in Coolidge v. New Hampshire, 403 U.S. 443 (1971): Whether the warrantless seizure of evidence of crime in plain view is prohibited by the Fourth Amendment if the discovery of the evidence was not inadvertent. We conclude that even though inadvertence is a characteristic of most legitimate...

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