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MINNESOTA v. CARTER

No. 97-1147.

525 U.S. 83 (1998)

MINNESOTA v. CARTER

United States Supreme Court.

Decided December 1, 1998.

Attorney(s) appearing for the Case

James C. Backstrom argued the cause for petitioner. With him on the briefs were Hubert H. Humphrey III, Attorney General of Minnesota, and Phillip D. Prokopowicz.

Jeffrey A. Lamken argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.

Bradford Colbert argued the cause for respondents. With him on the brief were John M. Stuart, Lawrence Hammerling, Marie L. Wolf, and Scott G. Swanson.†

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 91. Kennedy, J., filed a concurring opinion, p. 99. Breyer, J., filed an opinion concurring in the judgment, p. 103. Ginsburg, J., filed a dissenting opinion, in which Stevens and Souter, JJ., joined, p. 106.

Chief Justice Rehnquist delivered the opinion of the Court.

Respondents and the lessee of an apartment were sitting in one of its rooms, bagging cocaine. While so engaged they were observed by a police officer, who looked through a drawn window blind. The Supreme Court of Minnesota held that the officer's viewing was a search that violated respondents' Fourth Amendment rights. We hold that no such violation occurred.

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