455 U.S. 1035 (1982)

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U.S. Supreme Court

ZEIGLER v. FLORIDA , 455 U.S. 1035 (1982)

455 U.S. 1035

William Thomas ZEIGLER, Jr.,
No. 81-5908

Supreme Court of the United States

March 22, 1982

On petition for writ of certiorari to the Supreme Court of Florida.

The motion for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is denied.

Justice BRENNAN, dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231, 2971, 2973 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL, dissenting.

Petitioner seeks review of the State Supreme Court's decision upholding his murder conviction and death sentence. He argues that his conviction and death sentence should be set aside because they were based in part on evidence obtained in flagrant violation of his Fourth Amendment rights. He objects to the State Supreme Court's holding that, by calling the Chief of Police for assistance, he consented to a broad-ranging 12 day search of his furniture store. Because I believe that this petition raises serious Fourth Amendment claims 1 and offers an opportunity for this Court to clarify the

Page 455 U.S. 1035 , 1036

standards for consent to search under Schneckloth v. Bustamonte, 412 U.S. 218 (1973), I dissent from the denial of certiorari. [Footnote 2]

On December 24, 1975, four persons were killed at a furniture store owned by petitioner. Petitioner's wife, her parents, and another person had been shot to death, and petitioner had been shot in the abdomen and was seriously wounded. That night, shortly after the shootings, petitioner called the local police chief, a personal friend of petitioner's, and requested immediate assistance. The police chief testified: "He told me that he had been shot. I said, what happened. He said, please come help me, hurry." In response to this call, police entered the store, found petitioner, who was bleeding badly, and rushed him to the hospital. The police found four bodies, searched for the killer, and secured the building.

Later that night, a local detective arrived to direct the investigation. The store was searched again that night and repeatedly over the next twelve days. No effort was made to ob- [455 U.S. 1035 , 1037]

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