Murray v. United States

487 U.S. 533 (1988)

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Nature of the Case

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Facts

Federal agents were working on a tip and had been surveilling Murray (D) and several of his co-conspirators. They saw D drive a truck and Carter (D1) drive a green camper, into a warehouse. When they drove out 20 minutes later, the agents saw within the warehouse two individuals and a tractor-trailer rig bearing a long, dark container. Ds turned over the truck and camper to other drivers, who were followed and ultimately arrested, and the vehicles lawfully seized. Both vehicles were found to contain marijuana. After receiving this information, the agents converged on the South Boston warehouse and forced entry. The warehouse was unoccupied but observed in plain view numerous burlap-wrapped bales that were later found to contain marijuana. They left, kept the warehouse under surveillance, and did not reenter it until they had a search warrant. The agents sanitized the warrant of any information regarding their illegal entry of the warehouse. When the warrant was issued eight hours after the initial entry - the agents reentered and seized 270 bales of marijuana and notebooks listing customers for whom the bales were destined. Ds moved to suppress the evidence found in the warehouse. The District Court denied the motion. The First Circuit affirmed, assuming for purposes of its decision that the first entry into the warehouse was unlawful. The Supreme Court granted certiorari.