Arizona v. Hicks

"Today the Court holds for the first time that the requirement of probable cause operates as a separate limitation on the application of the plain-view doctrine," Powell wrote in his dissenting opinion. In Powell's view, the Court's new rule would cause uncertainty, making law enforcement less effective without enhancing privacy interests. "Unfortunately, in its desire to establish a `bright-line' test, the Court has taken a step that ignores a substantial body of precedent and that places serious roadblocks to reasonable law enforcement practices," O'Connor agreed. In his majority opinion, Scalia acknowledged their opinions, but nevertheless asserted that in this case, protecting privacy had to take precedence over law enforcement: "There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all."