Ybarra v. Illinois

In Ybarra v. Illinois (1979) 444 U.S. 85, the police were executing a search warrant for a bartender suspected of narcotics possession at the bar where he worked, but there was no evidence the bartender had actually engaged in narcotics sales at the bar. (Id. at p. 88.) When the officers entered the bar, they searched all the patrons, the defendant among them. The Supreme Court found the search of the defendant illegal, concluding there was neither probable cause to believe he was involved in a crime nor reasonable suspicion he was armed. In so doing, the court noted that mere "propinquity" to others independently suspected of criminal activity does not give rise to probable cause justifying a search. (Id. at pp. 91-93.) The United States Supreme Court ruled that "a search or seizure of a person must be supported by probable cause particularized with respect to that person." Id. at 91. The Court concluded that the heroin had been unlawfully obtained because the search warrant did not permit body searches of all the tavern's patrons and the initial pat-down search of Ybarra could not be justified as a permissible frisk for weapons. Id. at 91-93. The Court held that a warrant authorizing officers to search a tavern did not entitle the officers to search every individual found on the premises. Rather, the Fourth Amendment requires that officers have probable cause particularized to an individual prior to searching that individual. Id. Since the officers in Ybarra did not have probable cause particularized to the defendant, the Court held that the search violated the Fourth Amendment. Ybarra, 444 U.S. at 96.