Harris v. United States (390 U.S. 234)

United States Supreme Court

390 U.S. 234

Harris  v.  United States

Certiorari to the United States Court of Appeals for the District of Columbia Circuit

No. 92.  Argued: January 18, 1968 --- Decided: March 5, 1968

Pursuant to a departmental regulation, a police officer searched an impounded car held as evidence of a robbery. The search completed, the officer opened the car door for the purpose of rolling up a window and thus protecting the car and its contents. On opening the door, the officer saw, exposed to plain view, the automobile registration card belonging to the victim of the robbery. This card was used as evidence in petitioner's trial. Petitioner's conviction was affirmed by the Court of Appeals over his contention that the card had been illegally seized following a warrantless search.

Held: The card is subject to seizure and introducible in evidence since it was not discovered by means of a search in the technical sense, but was plainly visible to the officer who had a right to be in a position of viewing it.

125 U.S. App. D.C. 231, 370 F. 2d 477, affirmed.

Paul H. Weinstein argued the cause for petitioner. With him on the brief was Laurence Levitan.

Francis X. Beytagh, Jr., argued the cause for the United States. On the brief were Acting Solicitor General Spritzer, Assistant Attorney General Vinson, Beatrice Rosenberg and Julia P. Cooper.

PER CURIAM.

Notes