The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, March 26, 1996
Decision: Tuesday, May 28, 1996
Issues: Criminal Procedure, Search and Seizure

Advocates

Peter D. Isakoff (By invitation of the Court as amicus curiae, argued the cause in support of the judgment below)
Robert G. LeBell (Argued the cause for the petitioners)
Cornelia T. L. Pillard (Argued the cause on behalf of the United States)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 8 votes for Ornelas, 1 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
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 Chief Justice William H. Rehnquist

Cite this page

The Oyez Project, Ornelas v. United States, 517 U.S. 690 (1996),
available at: <http://www.oyez.org/cases/1990-1999/1995/1995_95_5257/>
(last visited ).