DOCKET NO.: 12
DECIDED BY: Warren Court (1953-1954)
ARGUED: Nov 30, 1953
DECIDED: Feb 08, 1954
Facts of the case
Patrick Irvine was suspected by police of placing bets on horse racing and serving as a bookmaker in violation of California state law. Acting on their suspicions, the police duplicated the key to Irvine’s residence and installed a microphone inside. Through the microphone, which was moved between several locations within the house, police obtained evidence that was submitted in Irvine’s trial. When Irvine was arrested, he was found in possession of a federal wagering tax stamp as required by federal tax law. Irvine was convicted in the Superior Court of Los Angeles County. He challenged his conviction, alleging that his Fourth Amendment rights against unreasonable search and seizure (as applied through the Fourteenth Amendment) were violated and therefore the evidence admitted during his state court trial should have been excluded. The California Court of Appeal for the Second Appellate Division upheld his conviction.
Should evidence obtained in violation of the Fourth Amendment prohibiting unreasonable searches and seizure require the exclusion of such evidence in a state court trial for violation of state criminal law?