United States v. Santana

Media Items
Oral Argument
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Opinion Announcement
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Advocates
Frank H. Easterbrook (Argued the cause for the United States pro hac vice)
Dennis H. Eisman (Argued the cause for the respondent)
Case Basics
Docket No.: 
75-19
Petitioner: 
United States
Respondent: 
Santana
Decided By: 
Burger Court (1975-1981)
Opinion: 
427 U.S. 38 (1976)

Cite this page
The Oyez Project, United States v. Santana , 427 U.S. 38 (1976)
available at: (http://oyez.org/cases/1970-1979/1975/1975_75_19)
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: 

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.

Decisions

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

Sort by Ideology

Voted with the majority
Burger
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority, joined Stevens' concurrence
Stewart
Wrote a regular concurrence
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Rehnquist
Wrote a regular concurrence
Stevens

Full Opinion by Justice William H. Rehnquist