Essay Database

Arizona v. Hicks (1987) Facts: A bullet was fired through the floor of the defendant’s apartment into the apartment below and struck an individual who then called the police. Police responded to the incident and went first to the apartment of the origin of the bullet. The defendant, Hicks, was not in the apartment at the time, but officers found and seized three firearms and a stocking-cap mask, which were in plain sight. One of …

…serial numbers did not constitute a search or seizure. However, when the officer moved the turntable it was held to be a separate search, apart from the search for the defendant and his firearms. It was the court’’s ruling that the officer did not have probable cause, only reasonable suspicion to search the stereo equipment. The evidence seized after the discovery of the turntables constituted unlawful search. The lower court’s decision was affirmed.