Ornelas v. United States

Media Items
Ornelas v. United States - Oral Argument
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Advocates
Peter D. Isakoff (By invitation of the Court as amicus curiae, argued the cause in support of the judgment below)
Cornelia T. L. Pillard (Argued the cause on behalf of the United States)
Robert G. LeBell (Argued the cause for the petitioners)
Case Basics
Docket No.: 
95-5257
Petitioner: 
Ornelas
Respondent: 
United States
Opinion: 
517 U.S. 690 (1996)
Location No location information present.

Cite this page
The Oyez Project, Ornelas v. United States , 517 U.S. 690 (1996)
available at: (http://oyez.org/cases/1990-1999/1995/1995_95_5257)
Facts of the Case: 

Saul Ornelas and Ismael Ornelas-Ledesma were arrested in Wisconsin after suspicious activity led to the discovery of cocaine in the defendants' car. In a motion to suppress the evidence, the defendants alleged that their Fourth and Fourteenth Amendment rights were violated in their detainment and in the police search of the car. The District Court denied the motion and the defendants pleaded guilty. The Court of Appeals ultimately affirmed the District Court but for different reasons.

Question: 

Should courts use a de novo standard in determining if a police search conducted without a warrant was based on reasonable suspicion and probable cause?

Conclusion: 

Yes. In an 8-1 decision, announced by Chief Justice William H. Rehnquist, the Court held "[t]he ultimate questions of reasonable suspicion and probable cause to make a warrantless search should be reviewed de novo." The principle details in such a review should be an analysis of events leading up to the search and the objective review of the search.

Decisions

Decision: 8 votes for Ornelas, 1 vote(s) against
Legal provision: Amendment 4: Fourth Amendment

Sort by Ideology

Wrote the majority opinion
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Wrote a dissent
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Voted with the majority
Ginsburg
Voted with the majority
Breyer

Full Opinion by Justice William H. Rehnquist

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