Gooding v. United States

Background

A man named Lonnie Gooding was suspected of selling drugs from his Washington, D.C., apartment. A D.C. police officer swore an affidavit to a U.S. magistrate alleging ongoing drug sales and said he was “positive” drugs were inside. An Assistant U.S. Attorney applied for a federal search warrant, which the magistrate issued authorizing service “at any time in the day or night.” D.C. Metropolitan Police executed the warrant at about 9:30 p.m., seized a large quantity of drugs, and Gooding was later indicted in federal court. He moved to suppress the evidence, arguing local D.C. rules forbid nighttime searches without special justification.

Reasoning

The Court first decided which law controls: the federal drug-search statute or the new D.C. local rules. It found the federal drug-search statute governs because the application and prosecution were federal and federal practice historically allowed local police to aid in such enforcement. The key legal question was whether the federal statute requires a separate, extra showing to search at night. The majority read the statute to require only the ordinary showing of probable cause that the contraband will be at the place at the time of the search and rejected the view that Congress intended a special nighttime-only showing.

Real world impact

As a result, magistrates may authorize nighttime searches in controlled-substance cases based on standard probable-cause showings, making it easier for police to obtain and execute nighttime drug warrants in D.C. and under the federal statute. Because three Justices dissented, the decision also highlights continuing concerns about the privacy costs of nighttime intrusions.

Dissents or concurrances

Justices Douglas and Marshall dissented, arguing that the new D.C. rules should control and that nighttime entries require extra justification beyond ordinary probable cause because of the greater privacy intrusion involved.