BALDWIN v. U.S., 450 U.S. 1045 (1981)
U.S. Supreme Court
BALDWIN v. U.S. , 450 U.S. 1045 (1981)450 U.S. 1045
Arthur Wayne BALDWIN
v.
UNITED STATES
No. 80-1031
Supreme Court of the United States
April 6, 1981
Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit.
The petition for a writ of certiorari is denied.
Justice MARSHALL, dissenting.
In 1974, the Memphis Police Department began an investigation of petitioner and his business activities. To further this inquiry, an undercover police officer sought a position as petitioner's handyman and chauffeur. The agent was hired, and from July 1975 to December 1975 lived in petitioner's home. On several occasions during this 6-month period the agent found in the home what he believed to be cocaine. The agent took samples of these substances and gave them to his superior officers. On the basis of this evidence, petitioner was indicted for possession of cocaine and possession with intent to distribute cocaine.
Justice BRENNAN would grant certiorari.
Prior to trial, petitioner moved to suppress the evidence on the ground that it was illegally obtained through a warrantless search of his home. The District Court denied the suppression motion and petitioner was convicted. The Court of Appeals also rejected petitioner's Fourth Amendment claim, concluding that there was no "precedent to support the suggestion that the Fourth Amendment requires law enforcement agencies to seek prior judicial approval in the form
of a warrant before utilizing an undercover agent." 621 F.2d 251, 252 ( 6th Cir.). Two judges dissented from the subsequent denial of petitioner's request for rehearing en banc. 632 F.2d 1 (6th Cir.). Because the panel opinion resolves an issue of substantial importance in a manner not supported by our prior decisions, I would grant the petition for certiorari.
The Fourth Amendment accords special protection to a person's expectation of privacy in his own home. Payton v. New York 445 U.S. 573, 585, 589-590, 1379, 1381-82 (1980); United States v. Martinez-Fuerte, 428 U.S. 543, 561, 565, 3084, 3086 (1976); Silverman v. United States, 365 U.S. 505, 511, 682 (1961). Absent special circumstances not present here,1 searches of a person's home are constitutionally unreasonable when conducted without probable cause and without a warrant. Coolidge v. New Hampshire, 403 U.S. 443 (1971); Johnson v. United States, 333 U.S. 10 (1948). We have consistently held that these restrictions do not vanish simply because the government seeks to obtain incriminating evidence through deception rather than through a routine search. In Gouled v. United States, 255 U.S. 298, 306, 264 (1921), a Government agent gained admission into the office of a criminal suspect on the pretext of paying a social visit. During the visit, the agent surreptitiously seized incriminating evidence that was later used in a criminal prosecution against the suspect. This Court, in unanimously concluding that the warrantless search and seizure violated the Fourth Amendment, reasoned:
"The prohibition of the Fourth Amendment is against all
unreasonable searches and seizures and if for a Government officer
to obtain entrance to a man's house or office by force or by an
illegal threat or show of force, amounting to coercion, and then to
search for and seize his private papers would be an unreasonable
and there- [450 U.S.
1045 , 1047]
U.S. Supreme Court
BALDWIN v. U.S. , 450 U.S. 1045 (1981) 450 U.S. 1045 Arthur Wayne BALDWINv.
UNITED STATES
No. 80-1031 Supreme Court of the United States April 6, 1981 Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The petition for a writ of certiorari is denied. Justice MARSHALL, dissenting. In 1974, the Memphis Police Department began an investigation of petitioner and his business activities. To further this inquiry, an undercover police officer sought a position as petitioner's handyman and chauffeur. The agent was hired, and from July 1975 to December 1975 lived in petitioner's home. On several occasions during this 6-month period the agent found in the home what he believed to be cocaine. The agent took samples of these substances and gave them to his superior officers. On the basis of this evidence, petitioner was indicted for possession of cocaine and possession with intent to distribute cocaine. Justice BRENNAN would grant certiorari. Prior to trial, petitioner moved to suppress the evidence on the ground that it was illegally obtained through a warrantless search of his home. The District Court denied the suppression motion and petitioner was convicted. The Court of Appeals also rejected petitioner's Fourth Amendment claim, concluding that there was no "precedent to support the suggestion that the Fourth Amendment requires law enforcement agencies to seek prior judicial approval in the form Page 450 U.S. 1045 , 1046 of a warrant before utilizing an undercover agent." 621 F.2d 251, 252 ( 6th Cir.). Two judges dissented from the subsequent denial of petitioner's request for rehearing en banc. 632 F.2d 1 (6th Cir.). Because the panel opinion resolves an issue of substantial importance in a manner not supported by our prior decisions, I would grant the petition for certiorari. The Fourth Amendment accords special protection to a person's expectation of privacy in his own home. Payton v. New York 445 U.S. 573, 585, 589-590, 1379, 1381-82 (1980); United States v. Martinez-Fuerte, 428 U.S. 543, 561, 565, 3084, 3086 (1976); Silverman v. United States, 365 U.S. 505, 511, 682 (1961). Absent special circumstances not present here,1 searches of a person's home are constitutionally unreasonable when conducted without probable cause and without a warrant. Coolidge v. New Hampshire, 403 U.S. 443 (1971); Johnson v. United States, 333 U.S. 10 (1948). We have consistently held that these restrictions do not vanish simply because the government seeks to obtain incriminating evidence through deception rather than through a routine search. In Gouled v. United States, 255 U.S. 298, 306, 264 (1921), a Government agent gained admission into the office of a criminal suspect on the pretext of paying a social visit. During the visit, the agent surreptitiously seized incriminating evidence that was later used in a criminal prosecution against the suspect. This Court, in unanimously concluding that the warrantless search and seizure violated the Fourth Amendment, reasoned: "The prohibition of the Fourth Amendment is against all unreasonable searches and seizures and if for a Government officer to obtain entrance to a man's house or office by force or by an illegal threat or show of force, amounting to coercion, and then to search for and seize his private papers would be an unreasonable and there- Page 450 U.S. 1045 , 1047 fore a prohibited search and seizure, as it certainly would be, it is impossible to successfully contend that a like search and seizure would be a reasonable one if only admission were obtained by stealth instead of by force or coercion. The security and privacy of the home or office and of the papers of the owner would be as much invaded and the search and seizure would be as much against his will in the one case as in the other, and it must therefore be regarded as equally in violation of his constitutional rights." Id., at 305-306-264. We have repeatedly indicated that Gouled v. United States remains the controlling precedent in this area. Lewis v. United States, 385 U.S. 206, 211, 427 (1966); Hoffa v. United States, 385 U.S. 293, 301, 413 (1966). The rationale of that decision would appear directly applicable to this case. Indeed, if anything, the conduct here is arguably more objectionable in constitutional terms than that condemned in Gouled ; the search was of a home rather than a business office, lasted for six months instead of several minutes, and appears to have been undertaken for the general purpose of gathering any incriminating evidence rather than the specific purpose of seizing certain incriminating documents. Yet rather than recognize the significance of Gouled or attempt to distinguish it, the Court of Appeals simply overlooks that case in concluding that there is no precedent governing warrantless undercover searches. This oversight alone is sufficient to warrant review of the decision below by this Court. Moreover, the Court of Appeals in reaching its conclusion-that the Fourth Amendment's probable-cause and warrant requirements never govern the search of a home by undercover agents- incorrectly construed several decisions by this Court that rejected limited constitutional challenges to such investigatory techniques. In the first case, Lewis v. United States, supra, we rejected the contention that a search warrant must be obtained before Page 450 U.S. 1045 , 1048 an undercover agent, posing as a drug purchaser, may enter a person's home to make an illegal drug purchase. However, the challenge there was based on the mere entry into the home, rather than a search for evidence there, and the Court specifically noted that it was not addressing the question whether a search could be conducted under such circumstances. Id., at 208. More important, in concluding that a warrant was not necessary, the Court focused on the fact that the defendant had relinquished his expectation of privacy in the home by inviting the agent in for the purpose of conducting an illegal drug transaction. We noted: