HORTON v. CALIFORNIA 496 U.S. 128 (1990) CASE BRIEF

HORTON V. CALIFORNIA

496 U.S. 128 (1990)

NATURE OF THE CASE: This is an appeal from a state conviction of the defendant for armed robbery and a dispute over the inadvertence requirement from the plain view exception.

FACTS: Wallaker returned to his home after an annual coin show, he entered his garage and was accosted by two masked men, one armed with a machine gun and the other with a 'stun gun.' The two men shocked Wallaker, bound and handcuffed him, and robbed him of jewelry and cash. Wallaker was able to identify Horton's (D) distinctive voice. Also D's identification was partially corroborated by a witness who saw the robbers leaving the scene and by evidence that D had attended the coin show. Sergeant LaRault investigated and determined that there was probable cause to search D's home for the proceeds of the robbery and for the weapons used by the robbers. The affidavit for a search warrant described the weapons as well as the proceeds, but the warrant issued only authorized a search for the proceeds, including three specifically described rings. LaRault searched the residence, but he did not find the stolen property. During the search he discovered the weapons in plain view and seized them. He seized an Uzi machine gun, a .38-caliber revolver, two stun guns, a handcuff key, a San Jose Coin Club advertising brochure, and a few items of clothing identified by the victim. LaRault testified that while he was searching for the rings, he also was interested in finding other evidence connecting petitioner to the robbery. There was no doubt that the seized evidence was not discovered 'inadvertently.' The trial court refused to suppress the evidence. The California Court of Appeal affirmed. The California Supreme Court denied D's request for review. The Supreme Court granted certiorari.

ISSUE:

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LEGAL ANALYSIS:

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