Irvine. vs. Cal

CASE

IRVINE v. CALIFORNIA, 347 U.S. 128 (1954)

FACTS

Irvine was convicted on charges of horse-race book making and related offenses under the California antigambling law. Prior to an arrest, a police officer acting on suspicion and arranged to have a locksmith accompany him to the residence and made a key to the door. On 3 separate occasion officers and a technician entered the home and where they installed a concealed microphone in the hall, then later moved it to the bedroom and then to the closet. Through the microphone the police obtained evidence that was submitted in Irvine's trial. Also admitted into evidence were the federal wagering tax stamp on Irvine’s person, along with documents from the US Collector of Internal Revenue showing his application for the stamp and his return to the Collector. The petitioner appealed his conviction claiming that his Fourth Amendment rights against unreasonable search and seizure were violated, therefore the admissible evidence should have been excluded

The petitioner appeal to the US Supreme Court because the case involved constitutional questioning about the way in which evidence was acquired that was used to convict him.

PROCEDURAL HISTORY

The California State court convicted the petitioner. The State Supreme Court denied a petition for a hearing. The US Supreme Court issue certiorari to the District Court of Appeals of California, which they granted.

ISSUE

Were the methods used to acquire evidence to convict the petitioner on charges of horse-race bookmaking and related offences against the anti gambling laws of California, a violation of his Constitutional rights and should that evidence have been inadmissible during the state trial?

RULES

Fourth Amendment: The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by Oath of affirmation, and...