Soldal v. Cook County, 506 U.S. 56, 11 (1992)

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66

SOLDAL v. COOK COUNTY

Opinion of the Court

e. g., through a valid consent or a showing of exigent circumstances. If they come across some item in plain view and seize it, no invasion of personal privacy has occurred. Horton, 496 U. S., at 133-134; Brown, supra, at 739 (opinion of Rehnquist, J.). If the boundaries of the Fourth Amendment were defined exclusively by rights of privacy, "plain view" seizures would not implicate that constitutional provision at all. Yet, far from being automatically upheld, "plain view" seizures have been scrupulously subjected to Fourth Amendment inquiry. Thus, in the absence of consent or a warrant permitting the seizure of the items in question, such seizures can be justified only if they meet the probable-cause standard, Arizona v. Hicks, 480 U. S. 321, 326-327 (1987),9 and if they are unaccompanied by unlawful trespass, Horton, 496 U. S., at 136-137.10 That is because, the absence of a privacy interest notwithstanding, "[a] seizure of the article . . . would obviously invade the owner's possessory interest." Id., at 134; see also Brown, 460 U. S., at 739 (opinion of Rehnquist, J.). The plain-view doctrine "merely reflects an application of the Fourth Amendment's central requirement of reasonableness to the law governing seizures of property." Ibid.; Coolidge v. New Hampshire, 403 U. S. 443, 468 (1971); id., at 516 (White, J., concurring and dissenting).

The Court of Appeals understandably found it necessary to reconcile its holding with our recognition in the plain-view cases that the Fourth Amendment protects property as such. In so doing, the court did not distinguish this case on the ground that the seizure of the Soldals' home took place in a

9 When "operational necessities" exist, seizures can be justified on less than probable cause. 480 U. S., at 327. That in no way affects our analysis, for even then it is clear that the Fourth Amendment applies. Ibid.; see also United States v. Place, 462 U. S. 696, 703 (1983).

10 Of course, if the police officers' presence in the home itself entailed a violation of the Fourth Amendment, no amount of probable cause to believe that an item in plain view constitutes incriminating evidence will justify its seizure. Horton, 496 U. S., at 136-137.

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