Arizona v. Kempton

Background

A reliable informant told police that a driver had cocaine in his truck. Hours later officers stopped the truck, asked for and received permission to search it, and found cocaine. The driver was convicted, but the Arizona Court of Appeals reversed that conviction, concluding the search was not allowed under the usual vehicle-search rule and was not a valid investigatory stop. The Arizona Supreme Court declined to review the appeals court’s decision.

Reasoning

The Supreme Court declined to take the case, so it did not issue a ruling on the legal correctness of the search. Justice White dissented from the denial of review and argued the Court should have granted review and reversed the appeals court. He said the lower court’s decision conflicts with several earlier rulings of this Court and urged that intermediate state appellate court decisions deserve review when they affect federal law. The practical effect of the Court’s action is that the appeals court’s view remains controlling in this case.

Real world impact

Because the high court refused to hear the case, the Arizona Court of Appeals’ reversal stands for this defendant, keeping his conviction overturned. Police and prosecutors in Arizona must follow the appeals court’s limits on searches and stops unless a higher court later changes the law. The denial does not create a new nationwide rule and could be revisited if the Supreme Court decides to take a similar case later.

Dissents or concurrances

Justice White’s dissent explains his belief that the denial was wrong and that the Court should resolve the conflict with its prior decisions.