Arizona v. Hicks

United States Supreme Court (1987)

Respondent/Defendant: Hicks; a shot was fired from the defendant's apartment. The officers went into the apartment to see if there were any injuries. The defendant was not present at the apartment but the officers found three guns and a face mask. One of the officers saw two expensive stereo equipments which seemed out of place. He moved the equipment to read the serial number and found out that they were taken in a robbery. The defendant was charged with robbery but he was released. Now the state appeals.

Issue: Did the moving of the stereo equipment constitute unlawful search?

Holding: Yes

Legal Reasoning: The court ruled that even though the officers were lawfully on the property to see if there were any victims of the shooting, the moving of the stereo equipment started a new search which was not lawful. The court stated that even though the stereo equipment was in plain view, the officers needed probable cause to move it to read the serial number and the court ruled that since the officers in the current case only had 'reasonable suspicion', their moving of the stereo equipment constituted unlawful search. So the ruling of the lower court was affirmed.

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