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STONER V. CALIFORNIA, 376 U. S. 483 (1969)

U.S. Supreme Court

Stoner v. California, 376 U.S. 483 (1964)

Stoner v. California

No. 209

Argued February 25, 1964

Decided arch 23, 1964

376 U.S. 483


Police developed a lead near the scene of a robbery which ultimately led them to a hotel where, without a warrant, they searched petitioner's room in his absence, having been given access thereto by a hotel clerk. There they found articles like those associated with the crime by an eyewitness. Petitioner was arrested two days later in another State, and, following a trial in which the articles were used as evidence, was convicted.


1. A search without a warrant can be justified as incident to arrest only if substantially contemporaneous and confined to the immediate vicinity of arrest. Agnello v. United States, 269 U. S. 20, followed. Pp. 376 U. S. 484-487.

2. A hotel guest is entitled to the constitutional protection against unreasonable searches and seizures. The hotel clerk had no authority to permit the room search, and the police had no basis to believe that petitioner had authorized the clerk to permit the search. Pp. 376 U. S. 488-490.

205 Cal.App. 2d 108, 22 Cal.Rptr. 718, reversed.

Page 376 U. S. 484

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