Harris v. United States, 390 U.S. 234 (1968). · Go Syfert
Harris v. United States, 390 U.S. 234 (1968). Cases Citing This Book View Copy Cite
5,293 citation events (445 in the last 25 years) across 178 distinct courts.
Strongest positive: Howard v. Hopp (mied, 2023-01-11) · Strongest negative: United States v. Reginald Jerome Shye (ca6, 1973-01-23)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" United States v. Reginald Jerome Shye (3×)
6th Cir. · 1973 · signal: but see · confidence high
See Cooper v. California, 386 U.S. 58 , 87 S.Ct. 788 , 17 L.Ed.2d 730 (1967); Coolidge v. New Hampshire, supra, 403 U.S. at 522 , 91 S.Ct. 2022 (White, J., dissenting) ; but see Harris v. United States, 125 U.S.App.D.C. 231 , 370 F.2d 477, 481-483 (1966) (separate opinion of Wright, J.), aff’d, 390 U.S. 234 , 88 S.Ct. 992 , 19 L.Ed.2d 1067 (1968).
discussed Cited as authority (verbatim quote) Howard v. Hopp
E.D. Mich. · 2023 · quote attribution · 1 verbatim quote · confidence high
it has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
examined Cited as authority (verbatim quote) State v. Robinson (4×) also: Cited as authority (quoted)
Wis. · 2010 · signal: see · quote attribution · 4 verbatim quotes · confidence high
it has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
examined Cited as authority (quoted) United States v. Jaimez (3×)
N.D. Ga. · 2013 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
bjects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
examined Cited as authority (quoted) United States v. McMullin (3×)
1st Cir. · 2009 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it has long been settled that objects falling in the plain view 10 of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
examined Cited as authority (quoted) United States v. Meada (3×)
1st Cir. · 2005 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
examined Cited as authority (quoted) United States v. Simpson (3×)
S.D. Ind. · 1996 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
objects falling in the plain view of an officer who has a right to be in the position to have the view are subject to seizure and may be introduced in evidence.
examined Cited as authority (quoted) United States v. Lang (6×) also: Cited "see"
5th Cir. · 1993 · quote attribution · 3 verbatim quotes · confidence low
it has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
examined Cited as authority (quoted) United States v. Bianco (3×)
2d Cir. · 1993 · quote attribution · 3 verbatim quotes · confidence low
plain view
examined Cited as authority (quoted) United States v. Bianco (3×)
2d Cir. · 1993 · quote attribution · 3 verbatim quotes · confidence low
plain view
examined Cited as authority (quoted) United States v. Rodney J. Daoust (3×)
1st Cir. · 1990 · quote attribution · 3 verbatim quotes · confidence low
it has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
discussed Cited as authority (rule) CODY
D.N.J. · 2025 · confidence medium
Also, “objects falling within the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced as evidence.” Harris v. United States, 390 U.S. 234, 236 (1968).
cited Cited as authority (rule) State v. Robinson
Ohio Ct. App. · 2025 · confidence medium
Harris v. United States, 390 U.S. 234, 236 (1968).
discussed Cited as authority (rule) State v. Hardy
Ohio Ct. App. · 2025 · confidence medium
State v. Jackson, 2022-Ohio-4365, ¶ 26 , citing Minnesota v. Dickerson, 508 U.S. 366, 375 (1993). “ ‘[O]bjects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.’ ” Jackson at ¶ 26 , quoting Harris v. United States, 390 U.S. 234, 236 (1968). {¶ 26} Law enforcement may engage in protective sweeps or searches of “ ‘the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, * * * if the police officer possesses a reasonable belief…
cited Cited as authority (rule) Bobby Gilliard v. Commonwealth of Kentucky
Ky. Ct. App. · 2025 · confidence medium
Consequently, the restrictions of the Fourth Amendment are not applicable.” United States v. Johnson, 506 F.2d 674, 675 (8th Cir. 1974) (citing Harris v. United States, 390 U.S. 234, 236 (1968)).
discussed Cited as authority (rule) Com. v. Cromwell, J. (2×) also: Cited "see"
Pa. Super. Ct. · 2025 · confidence medium
“It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.” Harris v. U.S., 390 U.S. 234, 236 (1968).
cited Cited as authority (rule) State v. Michael Gene Wiskowski
Wis. · 2024 · confidence medium
In Harris v. United States, police had impounded the defendant's vehicle and searched it to remove all valuables pursuant to department regulations. 390 U.S. 234, 235 (1968) (per curiam).
cited Cited as authority (rule) State v. Michael Gene Wiskowski
Wis. · 2024 · confidence medium
In Harris v. United States, police had impounded the defendant's vehicle and searched it to remove all valuables pursuant to department regulations. 390 U.S. 234, 235 (1968) (per curiam).
examined Cited as authority (rule) United States v. Jonathan Anderson (3×)
9th Cir. · 2024 · confidence medium
Next, in Harris v. United States, the Court upheld a warrantless vehicle search conducted under a department policy that sought to protect personal property located in impounded vehicles. 390 U.S. 234, 236 (1968).
cited Cited as authority (rule) People v. Smith CA2/2
Cal. Ct. App. · 2023 · confidence medium
(Harris v. United States (1968) 390 U.S. 234, 236 [officers could seize a robbery victim’s registration card “plainly visible” through the open door of defendant’s car].) B.
discussed Cited as authority (rule) CODY v. SWEENEY
D.N.J. · 2023 · confidence medium
Also, “objects falling within the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced as evidence.” Harris v. United States, 390 U.S. 234, 236 (1968).
discussed Cited as authority (rule) MASSEY, JAMES CALVIN v. the State of Texas
Tex. Crim. App. · 2023 · confidence medium
Lukowsky was not in a lawful vantage point even though he was in a public place.7 The court of appeals reached this conclusion by relying primarily upon an unpublished and factually distinguishable case, State v. Bishop.8 Unpublished cases do not constitute precedent and cannot be relied upon as such. 9 More importantly, Bishop involved a seizure of drugs from a defendant’s pockets, not from the ground in a public place. 10 Thus, Bishop is significantly different from this case even if it could be considered precedent. 6 Harris v. United States, 390 U.S. 234, 236 (1968). 7 Massey, 649 S.W.3d…
discussed Cited as authority (rule) MASSEY, JAMES CALVIN v. the State of Texas
Tex. Crim. App. · 2023 · confidence medium
Lukowsky was not in a lawful vantage point even though he was in a public place.7 The court of appeals reached this conclusion by relying primarily upon an unpublished and factually distinguishable case, State v. Bishop.8 Unpublished cases do not constitute precedent and cannot be relied upon as such. 9 More importantly, Bishop involved a seizure of drugs from a defendant’s pockets, not from the ground in a public place. 10 Thus, Bishop is significantly different from this case even if it could be considered precedent. 6 Harris v. United States, 390 U.S. 234, 236 (1968). 7 Massey, 649 S.W.3d…
discussed Cited as authority (rule) United States v. $115,413.00 In US Currency
E.D.N.C. · 2023 · confidence medium
“Just as evidence in the plain view of officers may be searched without a warrant, Harris v. United States, 390 U.S. 234, 236 (1968) (per curiam), evidence in the plain smell may be detected without a warrant.” United States v. Roby, 122 F.3d 1120, 1125 (8th Cir. 1997) (per curiam) (cleaned up); see United States v. Harvey, 961 F.2d 1361, 1363 (8th Cir. 1992) (per curiam); Horton v. Goose Creek Indep.
discussed Cited as authority (rule) United States v. Aaron Loines
6th Cir. · 2023 · confidence medium
“Warrantless seizures presumptively violate the Fourth Amendment, but under certain circumstances an officer may seize evidence in plain view without a warrant.” United States v. Mathis, 738 F.3d 719, 732 (6th Cir. 2013) (citing Arizona v. Hicks, 480 U.S. 321 , 326–27 (1987)). “[O]bjects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.” Harris v. United States, 390 U.S. 234, 236 (1968) (citations omitted).
discussed Cited as authority (rule) United States v. Aaron Loines
6th Cir. · 2023 · confidence medium
“Warrantless seizures presumptively violate the Fourth Amendment, but under certain circumstances an officer may seize evidence in plain view without a warrant.” United States v. Mathis, 738 F.3d 719, 732 (6th Cir. 2013) (citing Arizona v. Hicks, 480 U.S. 321 , 326–27 (1987)). “[O]bjects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.” Harris v. United States, 390 U.S. 234, 236 (1968) (citations omitted).
discussed Cited as authority (rule) James Calvin Massey v. the State of Texas
Tex. App. · 2022 · confidence medium
App. 1970) (quoting Harris v. United States, 390 U.S. 234, 236 , 88 S. Ct. 992, 993 (1968)). 26 As we have determined, Officer Lukowsky violated the Fourth Amendment en route to the vantage point where he discovered the methamphetamine. “[I]n light of the unjustified pat[-]down, the State cannot invoke the ‘plain view’ doctrine . . . .” State v. Bishop, No. 13-16-00322-CR, 2017 WL 1089681 , at *6 (Tex. App.—Corpus Christi– Edinburg Mar. 23, 2017, no pet.) (mem. op., not designated for publication); see State v. Rodriguez, 529 S.W.3d 81 , 90–91 (Tex. App.—Eastland 2015), aff’d…
discussed Cited as authority (rule) Travis Boler v. State of Mississippi
Miss. Ct. App. · 2020 · confidence medium
The Mississippi Supreme Court has held that “objects falling in the plain 4 view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.” Townsend v. State, 681 So. 2d 497, 503 (Miss. 1996) (citing Harris v. United States, 390 U.S. 234, 236 (1968)); see also Godbold v. State, 731 So. 2d 1184, 1190 (¶24) (Miss. 1999). ¶10.
discussed Cited as authority (rule) State v. Morgan
Ohio Ct. App. · 2019 · confidence medium
As the United State Supreme Court noted in Harris v. United States, 390 U.S. 234 , 88 S.Ct. 992 , 19 L.Ed.2d 1067, at 1069-1070 (1968): “It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.
cited Cited as authority (rule) United States v. Metts
10th Cir. · 2018 · confidence medium
In Harris v. United States, 390 U.S. 234, 235 (1968), the defendant’s vehicle was seized at the time of his arrest for robbery.
cited Cited as authority (rule) United States v. Keena Stanton
3rd Cir. · 2018 · confidence medium
Harris v. United States, 390 U.S. 234, 236 (1968).
discussed Cited as authority (rule) Jose Isaac Reyes v. State
Tex. App. · 2015 · confidence medium
Zayas v. State, 972 S.W.2d 779, 785 (Tex. App.-Corpus Christi 1998, pet. ref'd.) (citing Texas v. Brown, 460 U.S. 730, 739 (1983); Harris v. United States, 390 U.S. 234, 236 (1968) (per curiam); Clark v. State, 548 S.W.2d 888, 889 (Tex. Crim.
discussed Cited as authority (rule) People v. Stanley CA3
Cal. Ct. App. · 2014 · confidence medium
Only the premises described in the warrant may be searched, and only the property described in the warrant may be seized . . . . [Citation.]” (People v. Williams (1988) 198 Cal.App.3d 873, 888 .) However, contraband “ ‘falling in the plain view of an officer who has a right to be in a position to have that view [is] subject to seizure and may be introduced in evidence.’ [Citation.]” (Ibid., quoting Harris v. United States (1968) 390 U.S. 234, 236 [ 19 L.Ed.2d 1067, 1069 ]; see also People v. Diaz (1992) 3 Cal.4th 495, 563 [officers could seize lidocaine found in bedroom closet while …
discussed Cited as authority (rule) People v. Harris CA1/1
Cal. Ct. App. · 2014 · confidence medium
When a defendant moves to suppress and then later moves to dismiss on the same grounds under section 995, this court directly reviews “the determination of the magistrate at the preliminary hearing,” in “ ‘effect disregard[ing] the ruling of the 7 superior court.’ ” (People v. McDonald (2006) 137 Cal.App.4th 521, 529 .) “We must draw all presumptions in favor of the magistrate’s factual determinations, and we must uphold the magistrate’s express or implied findings if they are supported by substantial evidence.” (Ibid.) Ultimately, however, “[w]e judge the legality of the…
discussed Cited as authority (rule) State of Tennessee v. Roy Pierson Jr.
Tenn. Crim. App. · 2014 · confidence medium
“The ‘plain view’ exception to the Fourth Amendment warrant requirement permits a law enforcement officer to seize what clearly is incriminating evidence or contraband when it is discovered in a place where the officer has a right to be." Washington v. Chrisman, 455 U.S. 1, 5-6 (1982) (citing Coolidge, 403 U.S. at 466 ; Harris v. United States, 390 U.S. 234, 236 (1968)).
discussed Cited as authority (rule) State v. Binkley
Ohio Ct. App. · 2013 · confidence medium
Appellant supported his argument by pointing out that the bottle was not documented on the property sheet. {¶12} In Harris v. United States, 390 U.S. 234, 236 (1968), the United States Supreme Court held "it has long been settled that objects falling in plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence." In Texas v. Brown, 460 U.S. 730, 738 (1983), then Justice Rehnquist explained the plain view doctrine does not set limitations on "open view" sightings: "***objects such as weapons or contraband found in a…
discussed Cited as authority (rule) State of Tennessee v. David Edward Niles
Tenn. Crim. App. · 2012 · confidence medium
In addition, “[t]he ‘plain view’ exception to the Fourth Amendment warrant requirement permits a law enforcement officer to seize what clearly is incriminating evidence -13- or contraband when it is discovered in a place where the officer has a right to be.” Washington v. Chrisman, 455 U.S. 1, 5-6 (1982) (citing Coolidge, 403 U.S. at 466 ; Harris v. United States, 390 U.S. 234, 236 (1968)).
discussed Cited as authority (rule) State of Tennessee v. Clifford Edward Clark, Alias
Tenn. Crim. App. · 2011 · confidence medium
In addition, “[t]he ‘plain view’ exception to the Fourth Amendment warrant requirement permits a law enforcement officer to seize what clearly is incriminating evidence or contraband when it is discovered in a place where the -13- officer has a right to be.” Chrisman, 455 U.S. at 5-6 (citing Coolidge, 403 U.S. at 466 ; Harris v. United States, 390 U.S. 234, 236 (1968)).
examined Cited as authority (rule) United States v. Alfred Maurice Blackley (3×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Harris v. United States, 390 U.S. 234, 236 , 88 S.Ct. 992, 993 , 19 L.Ed.2d 1067, 1069 (1968).
discussed Cited as authority (rule) State v. Broussard
N.C. Ct. App. · 2010 · confidence medium
The trial court concluded that the seizure of both weapons, as well as that of the crack cocaine, was lawful because these items were located in plain view and discovered pursuant to a "protective sweep." "It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence." State v. Richards, 294 N.C. 474, 488 , 242 S.E.2d 844, 853 (1978) (quoting Harris v. United States, 390 U.S. 234, 236 , 19 L.
discussed Cited as authority (rule) State v. Dillard
Ohio Ct. App. · 2007 · confidence medium
The less precise the description of the things to be seized, the more likely it will be that either or both of these probabilities has not been established. {¶ 39} “* * * {¶ 40} “ ‘[O]bjects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.’ Harris v. United States (1968), 390 U.S. 234, 236 [ 88 S.Ct. 992 , 19 L.Ed.2d 1067 ].
discussed Cited as authority (rule) United States v. Ellison
6th Cir. · 2006 · confidence medium
It is also settled that “objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure . . . .” Harris v. United States, 390 U.S. 234, 236 (1968).
discussed Cited as authority (rule) State v. Weakley
N.C. Ct. App. · 2006 · confidence medium
Our Supreme Court upheld the seizure of the gun, holding, “It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.” Id. at 488 , 242 S.E.2d at 853 (quoting Harris v. United States, 390 U.S. 234, 236 , 19 L.
discussed Cited as authority (rule) People v. Bacon
N.Y. App. Div. · 2005 · confidence medium
Once an arrest is made, incriminating evidence need not be immediately discovered in order to be validly seized (see Harris v United States, 390 US 234, 236 [1968]; Ker v California, 374 US 23, 42-43 [1963]; cf. People v Evans, 43 NY2d 160, 165-166 [1977] [pre-arrest search]).
discussed Cited as authority (rule) People v. Jackson
Cal. Ct. App. · 2005 · confidence medium
The People do not challenge Jackson’s standing to challenge the Millsap order, however, because section 629.72 provides “[a]ny person in any trial, hearing or proceeding, may move to suppress” wiretap evidence. 9 See pages 140-142, ante. 10 We use the term “wiretap” in this case to refer to “the interception of a wire, electronic pager, or electronic cellular telephone communication.” (§ 629.50, subd. (a).) 11 Section 629.50, subdivision (a). 12 Section 629.50 states in relevant part: “Each application shall include all of the following information: [ft] . . . [ft] (4) A full …
cited Cited as authority (rule) United States v. Chad A. Lloyd
8th Cir. · 2005 · confidence medium
Harris v. United States, 390 U.S. 234, 236 (1968).
examined Cited as authority (rule) United States v. Maple (3×) also: Cited "see, e.g."
D.C. Cir. · 2003 · confidence medium
Nothing in the Fourth Amendment requires the police to obtain a warrant in these narrow circumstances.” Harris, 390 U.S. at 236 , 88 S.Ct. at 993-94 (emphasis added).
examined Cited as authority (rule) United States v. Maple, Jerome (6×) also: Cited "see, e.g."
D.C. Cir. · 2003 · confidence medium
Nothing in the Fourth Amendment requires the police to obtain a warrant in these narrow circumstances." Harris, 390 U.S. at 236 , 88 S.Ct. at 993-94 (emphasis added).
cited Cited as authority (rule) Ford, Doug Lee v. State
Tex. App. · 2000 · confidence medium
Harris v. United States , 390 U.S. 234, 236 (1968); Stoker v. State , 788 S.W.2d 1 , 9 n.5 (Tex. Crim.
discussed Cited as authority (rule) In the Interest of S.J. (2×)
Pa. · 1998 · confidence medium
Id., 390 U.S. at 236 , 88 S.Ct. at 994, 19 L.Ed.2d at 1069 (1968).
Harris
v.
United States
92.
Supreme Court of the United States.
Mar 5, 1968.
390 U.S. 234
Paul H. Weinstein argued the cause for petitioner. With him on the brief was Laurence Levitan., Francis X. Beytagh, Jr., argued the cause for the United States. On the brief were Acting Solicitor General Spritzer, Assistant Attorney General Vinson, Beatrice Rosenberg and Julia P. Cooper.
Douglas, Marshall.
Cited by 1,767 opinions  |  Published
5 passages pin-cited by 9 cases
Pinpoint authority: #5,901 of 633,719
Citer courts: First Circuit (9) · Second Circuit (6) · Fifth Circuit (3) · N.D. Georgia (3) · S.D. Indiana (3) · Wisconsin Supreme Court (3)

Lead Opinion

Per Curiam.

Petitioner was charged with robbery under the District of Columbia Code. D. C. Code Ann. § 22-2901. At his trial in the United States District Court for the District of Columbia, petitioner moved to suppress an automobile registration card belonging to the robbery victim, which the Government sought to introduce in evidence. The trial court, after a hearing, ruled that the card was admissible. Petitioner was convicted of the crime charged and sentenced to imprisonment for a period of[*235] two to seven years. On appeal, a panel of the United States Court of Appeals for the District of Columbia Circuit reversed, holding that the card had been obtained by means of an unlawful search. The Government’s petition for rehearing en banc was, however, granted, and the full Court of Appeals affirmed petitioner’s conviction, with two judges dissenting. We granted certiorari to consider the problem presented under the Fourth Amendment. 386 U. S. 1003 (1967). We affirm.

Petitioner’s automobile had been seen leaving the site of the robbery. The car was traced and petitioner was arrested as he was entering it, near his home. After a cursory search of the car, the arresting officer took petitioner to a police station. The police decided to impound the car as evidence, and a crane was called to tow it to the precinct. It reached the precinct about an hour and a quarter after petitioner. At this moment, the windows of the car were open and the door unlocked. It had begun to rain.

A regulation of the Metropolitan Police Department requires the officer who takes an impounded vehicle in charge to search the vehicle thoroughly, to remove all valuables from it, and to attach to the vehicle a property tag listing certain information about the circumstances of the impounding. Pursuant to this regulation, and without a warrant, the arresting officer proceeded to the lot to which petitioner’s car had been towed, in order to search the vehicle, to place a property tag on it, to roll up the windows, and to lock the doors. The officer entered on the driver’s side, searched the car, and tied a property tag on the steering wheel. Stepping out of the car, he rolled up an open window on one of the back doors. Proceeding to the front door on the passenger side, the officer opened the door in order to secure the window and door. He then saw the registration card, which lay face up on the metal stripping over which[*236] the door closes. The officer returned to the precinct, brought petitioner to the car, and confronted petitioner with the registration card. Petitioner disclaimed all knowledge of the card. The officer then seized the card and brought it into the precinct. Returning to the car, he searched the trunk, rolled up the windows, and locked the doors.

The sole question for our consideration is whether the officer discovered the registration card by means of an illegal search. We hold that he did not. The admissibility of evidence found as a result of a search under the police regulation is not presented by this case. The precise and detailed findings of the District Court, accepted by the Court of Appeals, were to the effect that the discovery of the card was not the result of a search of the car, but of a measure taken to protect the car while it was in police custody. Nothing in the Fourth Amendment requires the police to obtain a warrant in these narrow circumstances.

Once the door had lawfully been opened, the registration card, with the name of the robbery victim on it, was plainly visible. It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence. Ker v. California, 374 U. S. 23, 42-43 (1963); United States v. Lee, 274 U. S. 559 (1927); Hester v. United States, 265 U. S. 57 (1924).

Affirmed.

Mr. Justice Marshall took no part in the consideration or decision of this case.

Concurrence

Mr. Justice Douglas,

concurring.

Though Preston v. United States, 376 U. S. 364, is not mentioned in the Court's opinion, I assume it has sur[*237] vived because in the present case (1) the car was lawfully in police custody, and the police were responsible for protecting the car; (2) while engaged in the performance of their duty to protect the car, and not engaged in an inventory or other search of the car, they came across incriminating evidence.