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United States Vs. Johns
Cites for this judgment
- US Supreme Court
- Jan 21, 1985
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U.S. 478 (1985) U.S. Supreme Court United States v. JohnsSearch
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U.S. 478 (1985) United States v. JohnsSearch
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motion to suppress the marihuana, and the Court of Appeals affirmed, concluding, inter alia, that United States v. RossSearch
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cause to believe that not only the packages but also the trucks themselves contained contraband. United States v. ChadwickSearch
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post, p. 469 U. S. 488 . JUSTICE O'CONNOR delivered the opinion of the Court. In United States v. RossSearch
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vehicle search, and therefore Ross is inapplicable to this case. Instead, respondents contend that United States v. ChadwickSearch
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the distinct odor of marihuana, they had probable cause to believe that the vehicles contained contraband. See Carroll v. UnitedSearch
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however, did not involve the exception Page 469 U. S. 483 to the warrant requirement recognized in Carroll v. UnitedSearch
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Ibid. Cf. South Dakota v. OppermanSearch
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is no requirement that the warrantless search of a vehicle occur contemporaneously with its lawful seizure. Texas v. WhiteSearch
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Michigan v. ThomasSearch
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Florida v. MeyersSearch
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a reasonable expectation of privacy because their contents can be inferred from their outward appearance, Arkansas v. SandersSearch
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may justify a warrantless search of a container. See United States v. HaleySearch
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returned to Tucson and placed the packages in a DEA warehouse rather than immediately opening them. Cf. United States v. JacobsenSearch
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we do not think that delay in the execution of the warrantless search is necessarily unreasonable. Cf. Cardwell v. LewisSearch
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may indefinitely retain possession of a vehicle and its contents before they complete a vehicle search. Cf. Coolidge v. NewSearch
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of a vehicle search was unreasonable because it adversely affected a privacy or possessory interest. Cf. United States v. PlaceSearch
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and consistent with our Page 469 U. S. 488 precedent involving searches of impounded vehicles. See Florida v. MeyersSearch
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with whom JUSTICE MARSHALL joins, dissenting. Consistently with my disagreement with the Court in United States v. RossSearch
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general rule, the Fourth Amendment proscribes the warrantless search of closed packages and containers. United States v. ChadwickSearch
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s blithe extension of the temporal scope of a permissible search on Page 469 U. S. 489 analogy to Texas v. WhiteSearch
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U. S. 67 , 423 U. S. 68 (1975) (per curiam) , and Chambers v. MaroneySearch
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U. S. 52 (1970). I have previously made clear why I regard these decisions as questionable. See South Dakota v. OppermanSearch
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Texas v. WhiteSearch
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exception to the warrant requirement, United States v. HaleySearch
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is an issue which is the subject of a significant divergence of opinion in the lower courts. Compare United States v. HaleySearch
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United States v. DienSearch
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And most importantly, today's offhand commentary contradicts this Court's only precedent on the question. See Johnson v. UnitedSearch
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U.S. Supreme Court United States v. JohnsSearch
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of the Court. In United States v. RossSearch
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See Carroll v. UnitedSearch
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Carroll v. UnitedSearch
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Florida v. MeyersSearch
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Arkansas v. SandersSearch
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See United States v. HaleySearch
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Cf. United States v. JacobsenSearch
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Cf. Cardwell v. LewisSearch
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Cf. Coolidge v. NewSearch
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Cf. United States v. PlaceSearch
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See Florida v. MeyersSearch
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and Chambers v. MaroneySearch
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See South Dakota v. OppermanSearch
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Compare United States v. HaleySearch
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