UNITED STATES v. SANTANA

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Case Basics
Docket No. 
75-19
Petitioner 
United States
Respondent 
Santana
Decided By 
Burger Court (1975-1981)
Opinion 
427 U.S. 38 (1976)
Argued 
Tuesday, April 27, 1976
Decided 
Thursday, June 24, 1976
Advocates
Frank H. Easterbrook
(Argued the cause for the United States pro hac vice)
Dennis H. Eisman
(Argued the cause for the respondent)
Tags
Term:
Location: Mom Santana's House
Facts of the Case 

Using marked money, police officers made an undercover heroin buy from a third party who, upon taking money from the officers, entered "Mom Santana's" house and emerged with heroin. Officers then arrested the third party and returned to Santana's house where they identified themselves as police officers, entered the house after Santana fled into it from the porch, and, after ordering her to empty her pockets, discovered some of the marked money. The search was done without a warrant.

Question 

Did the search violate the Fourth Amendment?

Conclusion 
Decision: 7 votes for United States, 2 vote(s) against
Legal provision: Amendment 4: Fourth Amendment

The Court upheld the search. Relying on the the Court's decision in United States v. Watson (1976), Justice Rehnquist argued that by standing on her porch when the officers arrived, Santana was "not in an area where she had any expectation of privacy." Since the police had probable cause to arrest and search her at that point, their behavior was consistent with the Court's Watson precedent.

Cite this Page
UNITED STATES v. SANTANA. The Oyez Project at IIT Chicago-Kent College of Law. 13 February 2012. <http://www.oyez.org/cases/1970-1979/1975/1975_75_19>.
UNITED STATES v. SANTANA, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1975/1975_75_19 (last visited February 13, 2012).
"UNITED STATES v. SANTANA," The Oyez Project at IIT Chicago-Kent College of Law, accessed February 13, 2012, http://www.oyez.org/cases/1970-1979/1975/1975_75_19.