JACKSON
v.
UNITED STATES

U.S. | 1986-10-14
No. 86-5098
479 U.S. 910 Supreme Court of the United States (1986) Positive Treatment
Cited by 11 cases
Dissent
Justice White,

Justice White,

dissenting.

In Chimel v. California, 395 U. S. 752 (1969), the Court held that the valid arrest of a person in a residence does not give the police an automatic right to search the remainder of the house without a warrant. Some Courts of Appeals permit a warrantless “protective sweep” of the remainder of the premises if the arresting officers reasonably believe that there are other persons on the premises who could pose a danger to the officers’ safety. See United States v. Hatcher, 680 F. 2d 438, 444 (CA6 1982); United States v. Kolodziej, 706 F. 2d 590, 596-597 (CA5 1983).

Other Courts of Appeals, including the Court of Appeals for the Second Circuit in this case, permit protective sweeps if there is a likelihood that another person may be on the premises who may destroy evidence. See also United States v. Vasquez, 638 F. 2d 507 (CA2 1980), cert. denied, 454 U. S. 975 (1981).

Almost all of the Courts of Appeals have struggled to define the circumstances under which such searches are permissible. See United States v. Gardner, 627 F. 2d 906, 910, n. 3 (CA9 1980).

The Court of Appeals for the Second Circuit in this ease expressly recognized that its approach, allowing a protective sweep when the police only suspect that another person on the premises may destroy evidence, conflicted with the more stringent safety-based approach adopted by other Courts of Appeals. 778 F. 2d 933, 937 (1985). In light of these differing approaches and in light of the decision in Chimel v. California, see Vasquez v. United States, 454 U. S., at 987 (Brennan, J., dissenting from denial of certiorari), certiorari should be granted to deal with this important and recurring issue of Fourth Amendment law.

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Cited By (11 total)

  • Nat'l Labor Relations Bd. v. P*I*E Nationwide, Inc., 923 F.2d 506 (7th Cir. 1991)
    …d 202, 209 (3d Cir.1988); EEOC v. McLean Trucking Co., 834 F. 2d 398, 401-03 (4th Cir.1987) (suit by EEOC for entry of money judgment for back pay in Title VII action); EEOC v. Rath Packing Co., 787 F. 2d 318, 323-25 (8th Cir.) (same), cert. denied, 479 U.S. 910, 107 S.Ct. 307, 93 L.Ed.2d 282 (1986). It should come as no surprise, then, that we now elevate the dicta in Shippers Interstate to the level of a holding. The analysis is basic: section 362(b)(4) excepts a governmental unit enforcing a police or r…
  • United States v. City OF Hialeah, 140 F.3d 968 (11th Cir. 1998)
    …(holding that district court abused its discretion in denying retroactive seniority and rejecting employer’s claim that relief would “lower employee morale” because “[t]hese consequences can be expected in almost all Title VII eases”), cert. denied, 479 U.S. 910, 107 S.Ct. 307, 93 L.Ed.2d 282 (1986). The district court’s reasons for finding that the proposed settlement agreement was unfair thus lack a basis in law. Although the standard of appellate review of a district court’s refusal to approve a consent…
  • United States v. Nicolet, Inc., 857 F.2d 202 (3d Cir. 1988)
    …t with the legislative history to which we earlier referred. Other courts of appeals have reached similar results in cases falling within the regulatory and police power category. In EEOC v. Rath Packing Co., 787 F. 2d 318 (8th Cir.), cert. denied, 479 U.S. 910, 107 S.Ct. 307, 93 L.Ed.2d 282 (1986), the court held that the automatic stay provision did not bar the Equal Employment Opportunity Commission from maintaining suit for the entry of a money judgment for backpay in a Title VII action. Similarly, in…

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