ABSTRACT

CAPSULE: A warrant is valid only if issued by a neutral and detached magistrate. FACTS: A 14-year-old girl left her home in response to a man’s request for a babysitter. Thirteen days later, her body was found by the side of a major highway. Police questioned Coolidge in his home concerning the ownership of guns, and asked if he would take a polygraph concerning his whereabouts on the night of the girl’s disappearance. He produced three guns voluntarily and agreed to the poly - graph. The following Sunday, Coolidge was called to the police station to take the polygraph and for further questioning. While he was being questioned, two officers went to his house and questioned his wife. During the course of the questioning, she voluntarily produced four of Coolidge’s guns and the clothes he was believed to have been wearing on the night of the girl’s disappearance. After a meeting involving the officers working on the case and the Attorney General, the Attorney General signed an arrest warrant for Coolidge and search warrants for his house and car. Pursuant to those warrants, Coolidge was arrested and his car impounded. The car was searched two days later and twice after that. Evidence presented over Coolidge’s objection included gunpowder residue and microscopic particles taken from the car and from the clothes provided by Coolidge’s wife, and a .22 caliber rifle also provided by her. Coolidge was charged with and convicted of murder. ISSUES: 1. Was the warrant authorizing the search of Coolidge’s house and car valid?