California v. Carney

471 U.S. 386 (1985)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

DEA agents observed Carney (D) approach a youth, who then accompanied D to a motor home parked in a nearby lot. Agents had previously received information that this home was used by another individual who was exchanging drugs for sex. Agents kept the home under surveillance, and when the youth emerged over an hour later, they approached him. The youth told agents that he had received marijuana in return for sexual contact with D. The agents returned to the home with the youth. When D stepped out, the agents identified themselves, and without warrant or consent, entered the home. They found marijuana, plastic bags, and a drug weighing scale. DEA agents took D into custody and took possession of the home. A search revealed additional marijuana in the cupboards and refrigerator. D was charged with possession of marijuana for sale. He moved to suppress the evidence on the grounds that the search was unreasonable because no warrant was obtained. The magistrate denied the motion. The Superior Court also rejected the motion. D pled nolo contendere and was placed on probation for 3 years. The California Court of Appeal affirmed. The California Supreme Court reversed; the search was unreasonable because no warrant was obtained, rejecting the State's argument that the vehicle exception to the warrant requirement should apply. The state (P) appealed.