Soldal v. Cook County - Significance, Impact, The Plain View Exception

united petitioner encyclopedia property

Petitioner

Edward Soldal et ux.

Respondent

Cook County, Illinois, et al.

Petitioner's Claim

The seizure and removal of their mobile home by a property manager, overseen by police officers, was a violation of the Fourth Amendment.

Chief Lawyer for Petitioner

John L. Stainthorp

Chief Lawyer for Respondent

Kenneth L. Gillis

Justices for the Court

Stephen Breyer, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David H. Souter, John Paul Stevens, Clarence Thomas, Byron R. White (writing for the Court)

Justices Dissenting

None

Place

Washington, D.C.

Date of Decision

8 December 1992

Decision

The Fourth Amendment protects persons from deprivations of property such as the one that occurred in this case.

Related Cases

Warden, Maryland Penitentiary v. Hayden, 387 U.S. 294 (1967).
Katz v. United States, 389 U.S. 347 (1967).
United States v. Place, 462 U.S. 696 (1983).
United States v. Jacobsen, 466 U.S. 109 (1984).

Sources

Levy, Leonard W., ed. Encyclopedia of the American Constitution. New York: Macmillan, 1986.

Soldal v. Cook County - Significance

The decision clarified Fourth Amendment jurisprudence, declaring that property rights were still a factor in Fourth Amendment analysis, and that a person's expectation of privacy was not the only thing that the Fourth Amendment protected. In May of 1987, Terrace Properties, the owner of Willoway Terrace mobile home park in Elk Grove, Illinois, began eviction proceedings against Edward and Mary Sol…

Soldal v. Cook County - The Plain View Exception

The plain view exception, or plain view doctrine, gives law-enforcement authorities right to conduct a warrantless seizure on probable cause. Thus if a police officer making a routine stop on a traffic violation happens to be talking to a driver and sees a marijuana cigarette on the dashboard, the officer can seize the illegal substance (and make an arrest) without recourse to a warrant. The Supre…

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