Horton v. California
| Horton v. California | |
|---|---|
|
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| Argued February 21, 1990 Decided June 4, 1990 | |
| Full case name | Terry Brice Horton, Petitioner v. California |
| Citations |
110 S. Ct. 2301; 110 L. Ed. 2d 112; 1990 U.S. LEXIS 2937; 58 U.S.L.W. 4694 |
| Court membership | |
| Case opinions | |
| Majority | Stevens, joined by Rehnquist, White, Blackmun, O'Connor, Scalia, Kennedy |
| Dissent | Brennan, joined by Marshall |
Horton v. California, 496 U.S. 128 (1990), was a United States Supreme Court case in which the Court developed the plain view doctrine under the Fourth Amendment to the United States Constitution. The Supreme Court had already recognized the doctrine in Coolidge v. New Hampshire (1971) and in Arizona v. Hicks (1987), but expanded it in Horton. That expansion included a three-part test, requiring that the police officer finding evidence in plain view be:
- lawfully present at the place where the evidence can be plainly viewed,
- the officer must have a lawful right of access to the object, and
- the incriminating character of the object must be "immediately apparent."