Mincey v. Arizona Case Brief

Mincey v. Arizona, 437 U.S. 385, 98 S.Ct. 2405 (1978)

FACTS: During a drug raid, an undercover officer was killed and Mincey (among others) was wounded. Other narcotics officers on the scene, pursuant to policy, called for medical assistance and searched for other victims in the apartment, but took no further action.

Homicide detectives arrived, secured the scene, and searched the property repeatedly over four days, seizing numerous items. Evidence discovered during this search was introduced at trial. No search warrant was obtained prior to the search.

ISSUE: Was the warrantless search of the “murder scene” permissible?

HOLDING: No

DISCUSSION: There is no “murder scene exception” to the general requirement for a search. There was no emergency or exigency that justified an immediate search; the officers had adequate time and reason to get a warrant. The property could easily have been secured to guard against tampering of evidence while waiting for the warrant.