Michigan v. Clifford et al. (464 U.S. 287)
U.S. Supreme Court · decided January 11, 1984 · Supreme Court Database (Spaeth)
- Citation
- 464 U.S. 287 · 104 S. Ct. 641
- Decided
- January 11, 1984
- Term
- October Term 1983
- Vote
- 5–4
- Majority author
- Justice Powell
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Powell announced the judgment of the Court and delivered an opinion, in which Justice Brennan, Justice White, and Justice Marshall joined. This case presents questions as to the authority of arson investigators, in the absence of exigent circumstances or consent, to enter a private residence without a warrant to investigate the cause of a recent fire. Respondents, Raymond and Emma Jean Clifford, were arrested and charged with arson in connection with a fire at their private residence. At the preliminary examination held to establish probable cause for the alleged offense, the State introduced various pieces of physical evidence, most of which was obtained through a warrantless and nonconsensual search of the Cliffords’ fire-damaged home. Respondents moved to suppress this evidence on the ground that it was obtained in violation of their rights under the Fourth and Fourteenth Amendments. That motion was denied and respondents were bound over for trial. Before trial, they again moved to suppress the evidence obtained during the search. The trial court conducted an evidentiary hearing and denied the motion on the ground that exigent circumstances justified the search. The court certified its eviden-tiary ruling for interlocutory appeal and the Michigan Court of Appeals reversed. That court held that there were no exigent circumstances justifying the search. Instead, it…
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