United States v. Santana 1976

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 453-456

Contenidos

• Drug Bust.
• Mom Busted.
• Suggestions for further reading.

Page 453

Petitioner: United States

Respondents: Mom Santana, et al.

Petitioner's Claim: That the police did not violate the Fourth Amendment when they arrested Mom Santana in her home and searched her for drug money.

Chief Lawyer for Petitioner: Frank H. Easterbrook

Chief Lawyer for Respondent: Dennis H. Eisman

Justices for the Court: Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, John Paul Stevens, Potter Stewart, Byron R. White

Justices Dissenting: William J. Brennan, Jr., Thurgood Marshall

Date of Decision: June 24, 1976

Decision: The Supreme Court said the police did not violate the Fourth Amendment.

Significance: With Santana, the Supreme Court said police officers in hot pursuit of a criminal suspect do not need a warrant to chase her into her home and arrest her.

The Fourth Amendment of the U.S. Constitution protects privacy. It requires police officers to have a warrant and probable cause before they arrest a person and search her in her home. A warrant is a document that a neutral magistrate issues when there is probable cause to arrest someone.

Page 454

Probable cause means good reason to believe the person has committed a crime. In United States v. Santana (1976), the Supreme Court had to decide whether the police need a warrant to arrest a person who retreats into her home after the police begin to chase her.

Drug Bust

Michael Gilletti was an undercover officer with the Philadelphia Narcotics Squad. On August 16, 1974, Gilletti arranged to buy heroin, a narcotic drug, from Patricia McCafferty. McCafferty told Gilletti the heroin would cost $115 and that they would get it from Mom Santana.

Gilletti told his supervisors about the plan and the Narcotics Squad planned a drug bust. Gilletti recorded the serial numbers for $110 in marked bills and went to meet McCafferty, who got into Gilletti's car and directed him to Mom Santana's house. There McCafferty took the money from Gilletti and went inside. When she returned a short time later, McCafferty got into Gilletti's car and they drove away together. When McCafferty pulled envelopes with heroin out of her bra, Gilletti stopped the car, showed McCafferty his badge, and arrested her.

McCafferty told Gilletti that Mom Santana had the marked money. Gilletti told this to Sergeant Pruitt, who went with his officers back to Mom Santana's house while Gilletti took McCafferty to the...