Restraints on Plain View Doctrine: Arizona v. Hicks

Abstract

Before criticizing President Reagan's recent nominations of conservative judges to the Supreme Court, one should note a recent Supreme Court decision authored by Justice Scalia, a Reagan appointee. Those who fear that a conservative shift in the Court will lead to the erosion of individual liberties gained under the Warren Court may well find their fears unfounded. In Arizona v. Hicks, Justice Scalia proves that once a nominee joins the Supreme Court, there is no way to predict with certainty how he or she will vote on a given issue. In Arizona v. Hicks, the Supreme Court held that probable cause is required to invoke the "plain view" doctrine for even cursory inspections. This decision, which hinders law enforcement and breaks with accepted practice, was authored by Justice Scalia. This Note criticizes Justice Scalia's failure to exempt cursory inspections from the probable cause requirement.