Johnson v. United States (333 U.S. 10)
U.S. Supreme Court · decided February 2, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 10 · 68 S. Ct. 367
- Decided
- February 2, 1948
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. Petitioner was convicted on four counts charging violation of federal narcotic laws. The only question which brings the case here is whether it was lawful, without a warrant of any kind, to arrest petitioner and to search her living quarters. Taking the Government’s version of disputed events, decision would rest on these facts: At about 7:30 p. m. Detective Lieutenant Belland, an officer of the Seattle police force narcotic detail, received information from a confidential informer, who was also a known narcotic user, that unknown persons were smoking opium in the Europe Hotel. The informer was taken back to the hotel to interview the manager, but he returned at once saying he could smell burning opium in the hallway. Belland communicated with federal narcotic agents and between 8:30 and 9 o’clock went back to the hotel with four such agents. All were experienced in narcotic work and recognized at once a strong odor of burning opium which to them was distinctive and unmistakable. The odor led to Room 1. The officers did not know who was occupying that room. They knocked and a voice inside asked who was there. “Lieutenant Bel-land,” was the reply. There was a slight delay, some “shuffling or noise” in the room and then the defendant opened the door. The officer said, “I want to talk to you a little bit.” She then, as he…
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