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United States v. Sokolow

United States Court of Appeals, Fifth Circuit
Oct 28, 1971
450 F.2d 324 (5th Cir. 1971)

Summary

In Sokolow, a police officer followed a car suspected to contain stolen cigarettes to the Sokolow residence where the car "backed up to Sokolow's garage."

Summary of this case from Coffin v. Brandau

Opinion

No. 71-1135. Summary Calendar.

Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.

October 28, 1971.

Louis Vernell, Miami Beach, Fla., for defendant-appellant.

Robert W. Rust, U.S. Atty., Richard A. Hauser, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.



This is an appeal from a judgment of conviction on a jury verdict finding Sokolow guilty of the unlawful receipt and possession of stolen property in violation of 18 U.S.C.A. § 659. We reverse.

A police officer, acting upon reliable information that cigarettes had been stolen, followed a suspect's automobile which eventually backed up to Sokolow's garage. While arresting the suspect, the officer saw a number of air conditioning units stacked in the garage. The officer questioned Sokolow concerning the ownership of the equipment. In the course of this investigation, the officer entered the garage and took serial numbers from the units without a search warrant. This information established that the air conditioners were stolen property, and Sokolow was arrested. Prior to trial, Sokolow moved to suppress the evidence pertaining to the serial numbers and all evidence obtained as a result of that seizure as the fruit of a warrantless search in violation of his rights under the Fourth Amendment. The motion was denied.

A search conducted outside the judicial process, i. e., without a warrant, is per se unreasonable in violation of the Fourth Amendment. Katz v. United States, 1967, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576. While this rule is subject to limited and well-defined exceptions that may justify a warrantless search and seizure, "[t]he exceptions are `jealously and carefully drawn,' and there must be `a showing by those who seek exemption * * * that the exigencies of the situation made that course imperative.'" Coolidge v. New Hampshire, 1971, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 [June 22, 1971].

The Government first contends that the search and seizure of the serial numbers was valid based upon probable cause. Manifestly, a showing of probable cause is required for the granting of a warrant, but "* * * no amount of probable cause can justify a warrantless search and seizure absent `exigent circumstances'". Coolidge v. New Hampshire, supra, 403 U.S. at 468, 91 S.Ct. at 2039. Here there were simply no exigent circumstances. The nature of the stolen property was not such that it could be easily disposed of and other agents were maintaining surveillance on the garage. Under these circumstances, a warrant should have been sought.

Secondly, the Government in a rather oblique argument in which it couples the plain view doctrine with probable cause attempts to justify the warrantless seizure of the serial numbers. The appearance of the air conditioners gave no indication that they were contraband nor were they evidence of an ascertained crime. Except for suspicion, there was no justification for the officer to enter the garage. He had no legitimate reason to do so apart from the search directed at Sokolow. "What the `plain view' cases have in common is that the police officer in each of them had a prior justification for an intrusion in the course of which he came inadvertently across a piece of evidence incriminating the accused." Coolidge v. New Hampshire, supra, 403 U.S. at 466, 91 S.Ct. at 2038. It is thus evident that this is not a plain view case and it cannot be made so by coupling the doctrine with probable cause.

We conclude that the serial numbers and the evidence flowing from the seizure were obtained in a warrantless search in violation of the Fourth Amendment.

Reversed.


Summaries of

United States v. Sokolow

United States Court of Appeals, Fifth Circuit
Oct 28, 1971
450 F.2d 324 (5th Cir. 1971)

In Sokolow, a police officer followed a car suspected to contain stolen cigarettes to the Sokolow residence where the car "backed up to Sokolow's garage."

Summary of this case from Coffin v. Brandau

noting serial numbers of air conditioners found in garage a seizure

Summary of this case from LeClair v. Hart

In United States v. Sokolow, 450 F.2d 324 (5th Cir. 1971), a police officer arrested a suspect pursuant to probable cause outside defendant's garage.

Summary of this case from United States v. Lacey

In United States v. Sokolow, 450 F.2d 324, 326 (5th Cir. 1971) a police officer entered the defendant's garage and copied down the serial numbers of air conditioners stacked there.

Summary of this case from United States v. Gray

In United States v. Sokolow, 450 F.2d 324 (5th Cir. 1971) and United States v. Drew, 451 F.2d 230 (5 Cir. 1971), we have again recognized the stringent burden upon the government of bringing itself within one of the narrowly drawn exceptions and of showing that the exigencies of the situation made it imperative to proceed `outside the judicial process, without prior approval by judge or magistrate.

Summary of this case from United States v. Colbert

In United States v. Sokolow, 450 F.2d 324 (5th Cir. 1971) and United States v. Drew, 451 F.2d 230 (5 Cir. 1971), we have again recognized the stringent burden upon the government of bringing itself within one of the narrowly drawn exceptions and of showing that the exigencies of the situation made it imperative to proceed "outside the judicial process, without prior approval by judge or magistrate."

Summary of this case from United States v. Resnick

In United States v. Sokolow, 450 F.2d 324 (5th Cir. 1971), the final case cited by the United States for the proposition that the need for prompt governmental action may outweigh the interest of privacy, the Court of Appeals found no exigency sufficient to escape the rule that a search conducted outside the judicial process is per se unreasonable in violation of the Fourth Amendment.

Summary of this case from United States v. Chapman

copying the serial numbers of air conditioners is a seizure

Summary of this case from United States v. Boswell

In Sokolow, a police officer, acting upon reliable information that cigarettes had been stolen, followed a suspect's automobile which eventually backed up to Sokolow's garage.

Summary of this case from State v. Douglas
Case details for

United States v. Sokolow

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. CHARLES H. SOKOLOW…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 28, 1971

Citations

450 F.2d 324 (5th Cir. 1971)

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