LOCATION: Riverbed of the Arkansas River
DOCKET NO.: 51
DECIDED BY: Burger Court (1970-1971)
CITATION: 401 US 797 (1971)
REARGUED: Oct 21, 1970
DECIDED: Apr 05, 1971
ARGUED: Jan 19, 1970
Facts of the case
Media for Hill v. CaliforniaAudio Transcription for Oral Argument - January 19, 1970 in Hill v. California
Audio Transcription for Oral Reargument - October 21, 1970 in Hill v. California
Warren E. Burger:
We’ll hear arguments in a few moments, we are awaiting Justice Douglas in Number 51, Hill against California but we’ll wait on Mr. Justice Douglas.
Mr. Amato, you may proceed whenever you’re ready.
Thank you Your Honor.
Mr. Chief Justice, may it please the Court.
I’ll be rather brief in as much as this re-argument and some of the factual arguments have been made by prior counsel today.
I would like to briefly, if I may, go over the facts of this particular case.
We had a situation in this case, where there was a robbery, four individuals robbed a particular residence and then took some money, canvas and some other personal property.
The day after the robbery which was June 4th, the robbery date being June 4th.
On June 5th, two of the four accomplices to this particular robbery were captured in a narcotics situation.
And they were captured in the car of the petitioner Archie Hill, along with other personal property that was recovered.
The two particular individuals that were captured told the officers that Archie Hill was one of the four participants in this robbery.
They implicated him to this particular crime.
The police then checked out the association, the petitioner Archie Hill with the other two participants in the police records that they had available.
They got the description of Archie Hill which was approximately 5’10”, 160 Lbs.
They got the address and so forth. On the 6th of June, they proceeded to the residence of Archie Hill, the petitioner.
At that time, the petitioner was not in his apartment.
We’re talking about a four room apartment, one bedroom.
There was a Mr. Miller in the apartment.
The officers came in to the apartment and upon noticing Mr. Miller, made an immediate arrest, thereafter shoving Miller aside, searching the other rooms and finding nothing.
At that time Mr. Miller indicated that he was Mr. Miller.
He showed the officers identification showing that he was Mr. Miller.
He further indicated that he was waiting for Mr. Hill.
The officers in this case did not ask permission to search the premises.
Thereafter, they spent approximately two hours, making an extensive search of the particular apartment.
Now, the primary purpose of the search was to recover the personal property, additional personal property and the weapons which included two knives and two guns in the apartment house.
Didn’t also the search take placed before Archie Hill was arrested?
The search took place after Mr. Miller was arrested.
After Mr. Miller was arrested?
That’s correct Your Honor.
Before Mr. Hill was arrested?