Texas v. Brown

Supreme Court of the United States · 1983 · Criminal Procedure

460 U.S. 730 (1983)

Updated July 27, 2026

Criminal ProcedureFourth AmendmentPlain ViewSeizureprobable causeautomobileflashlight observationlawful vantage point

Facts

Officer Maples stopped Brown at a routine driver's license checkpoint and, while standing beside the driver's window, shined a flashlight into the car. He saw Brown holding an opaque green party balloon tied near the tip, then saw in the open glove compartment several small plastic vials, loose white powder, and an open bag of party balloons. Based on prior narcotics-arrest experience, Maples knew narcotics were frequently packaged in such balloons, ordered Brown out of the car after Brown said he had no license, and then reached into the car and seized the balloon. A chemist later determined that the balloon contained heroin.

Issue

Whether the warrantless seizure of the tied-off balloon from Brown's car was justified under the Fourth Amendment's plain-view doctrine. More specifically, the question was whether the balloon's incriminating character had to be known with certainty or whether probable cause was enough.

Rule

When officers are lawfully in a position to observe an item and have prior Fourth Amendment justification for access to it, they may seize it without a warrant if they have probable cause to associate the item with criminal activity. The phrase "immediately apparent" in plain-view analysis does not require near certainty that the item is contraband; a practical, common-sense probability is sufficient.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a lawful sobriety checkpoint in Tulsa, Officer Nina Flores approached Devin Mercer’s car and asked for registration. While standing outside the driver’s window, she used a flashlight to look inside and saw Mercer drop a small tied-off latex fingertip onto the center console; an open tray nearby held tiny plastic tubes and white residue. Flores had made several prior narcotics arrests involving drugs packaged in tied-off latex pieces.

May Flores seize the tied-off latex item without a warrant under the plain-view doctrine?

Explanation. A plain-view seizure is proper when the officer is lawfully in a position to observe the item, has prior Fourth Amendment justification for access, and has probable cause to associate the item with criminal activity. The majority rejected any requirement of near certainty; a practical, common-sense probability is enough. Use of a flashlight to illuminate the car interior is not itself a search.