United States v. Ross

Date: June 1, 1982

Citation: 456 U.S. 798

Issues: Fourth Amendment; automobile searches

Significance: Through this decision, the Supreme Court broadly increased the right of police officers to search automobiles without a search warrant as long as they have probable cause.

In Robbins v. California (1981), the Supreme Court ruled that police officers could conduct a warrantless search of a package in an automobile only if the contents of the package were in plain view. However, in Ross, police conducting a search of a car trunk had opened a closed paper bag to discover that it contained heroin. Later, they also found a zippered pouch that contained cash in the trunk. A lower court denied the defendant’s motion to suppress the evidence, and he was convicted of possessing heroin with intent to sell.

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By a 6-3 vote, the Supreme Court largely abandoned Robbins and ruled that packages in automobiles could be searched without a warrant if the police had probable cause the same standard a magistrate should use in issuing a warrant. Justice Thurgood Marshall dissented, arguing that a police officer was not trained as a magistrate and should not be given the same power as a magistrate to determine probable cause. Justice William J. Brennan, Jr., joined in the dissent, and Justice Byron R. White agreed with it.