Can Police Seize Stolen Property In An Apartment During a Shooting Investigation ?

Are an Individuals Fourth Amendment Rights Violated if an Equipment Unrelated to the Lawful Objective of Entry into the Apartment is Checked Without a Probable Cause or Exigent Circumstances ? In Arizona v. Hicks, 480 U.S. 321, 94 L. Ed. 2d 347, 107 S. Ct. 1149 (1987), the police entered defendant's apartment to investigate a shooting. Hicks, 480 U.S. at 323, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. One of the officers noted expensive stereo equipment that seemed out of place in the "squalid" apartment. Hicks, 480 U.S. at 323, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. The officer moved the stereo equipment in order to record the serial numbers for further investigation. Hicks, 480 U.S. at 323, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. That investigation revealed that some of the serial numbers matched those on stereo equipment taken in an armed robbery. Hicks, 480 U.S. at 323, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. Officers then obtained a warrant to reenter defendant's apartment and seize the stolen property. Hicks, 480 U.S. at 323-24, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. Defendant was subsequently indicted for the robbery. Hicks, 480 U.S. at 324, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. The trial court granted defendant's motion to suppress the evidence that had been seized. Hicks, 480 U.S. at 324, 94 L. Ed. 2d at 353, 107 S. Ct. at 1152. On appeal, the United States Supreme Court held that the act of moving the stereo equipment constituted a search unrelated to the search for the shooter, victims, and weapons that was the lawful objective of the entry into the apartment. Hicks, 480 U.S. at 324-25, 94 L. Ed. 2d at 353-54, 107 S. Ct. at 1152. The court further held that defendant's fourth amendment rights were violated because no probable cause or exigent circumstances existed to justify the search. Hicks, 480 U.S. at 325-29, 94 L. Ed. 2d at 354-57, 107 S. Ct. at 1153-55.