Johnson v. United States
Read the full opinion on CourtListener · The case as printed (Library of Congress)
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
1. Where officers detected the odor of burning opium emanating from a hotel room, entered without a search warrant and without knowing who was there, arrested the only occupant, searched the room and found opium and smoking apparatus, the search violated the Fourth Amendment to the Federal Constitution; and a conviction for a violation of the federal narcotic laws based on the evidence thus obtained cannot be sustained. Pp. 11-17.
Printed on p. 10 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
2. As a general rule, the question when the right of privacy must reasonably yield to the right of search must be decided by a judicial officer, not by a policeman or government enforcement agent. Pp. 13-14.
Printed on p. 10 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
3. There were no exceptional circumstances in this case sufficient to justify the failure of the officer to obtain a search warrant. Pp. 14-15.
Printed on p. 10 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
4. It being conceded that the officer did not have probable cause to arrest petitioner until he entered the room and found her to be the sole occupant, the search cannot be sustained as being incident to a valid arrest. Pp. 15-16.
Printed on p. 11 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
5. The Goverlhient cannot at the same time justify an arrest by a search and justify the search by the arrest. Pp. 16-19.
Printed on p. 11 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
6. An officer gaining access to private living" quarters under color of his office and of the law must then have some valid basis in law for the intrusion, P. 17.
Printed on p. 11 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
162 F. 2d 562. reversed.
Printed on p. 11 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment IVsuggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.5.2, Amdt4.5.3, Amdt4.6, Amdt4.6.1, Amdt4.6.2, Amdt4.6.3, Amdt4.6.5, Amdt4.6.5.1, Amdt4.6.5.2, Amdt4.6.6, Amdt4.6.6.1, pp. 1638, 1643, 1644, 1646, 1657, 1662.
Overrules
- James v. United States (2007)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2437: Johnson v. United States, No. 13-7120 (U.S. June 26, 2015) — James v. United States, 550 U.S. 192 (2007).
- Sykes v. United States (2011)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2437: Johnson v. United States, No. 13-7120 (U.S. June 26, 2015) — Sykes v. United States, 564 U.S. 1 (2011).
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Johnson v. United States, 333 U.S. 10 (1948)”:
- most cited in essay topic Amdt4.6 (5 pages)