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Ker Vs. California
Cites for this judgment
- US Supreme Court
- Jun 10, 1963
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U.S. 23 (1963) U.S. Supreme Court Ker v. CaliforniaSearch
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U.S. 23 (1963) Ker v. CaliforniaSearch
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as defined in the Fourth Amendment. Mapp v. OhioSearch
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V), and announced the judgment of the Court. This case raises search and seizure questions under the rule of Mapp v. OhioSearch
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Page 374 U. S. 30 obtained by means of unlawful searches and seizures was inadmissible in criminal trials. People v. CahanSearch
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that, in view of its findings and the implied findings of the trial court, this Court's intervening decision in Mapp v. OhioSearch
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Cal.App.2d, at 257, 15 Cal.Rptr., at 773. I In Mapp v. OhioSearch
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at 367 U. S. 646 -647, 367 U. S. 657 , we followed Boyd v. UnitedSearch
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whose decision voluntarily to adopt the exclusionary rule in 1955 has been commended by us previously. See Mapp v. OhioSearch
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Elkins v. UnitedSearch
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McNabb v. UnitedSearch
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Miller v. UnitedSearch
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Nardone v. UnitedSearch
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Mapp, however, established no assumption by this Court of supervisory authority over state courts, cf. Cleary v. BolgerSearch
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rather, it echoed the sentiment of Elkins v. UnitedSearch
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of legality even from the Ohio Supreme Court. Id., at 367 U. S. 643 -645. This is true also of Elkins v. UnitedSearch
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Gouled v. UnitedSearch
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Go-Bart Importing Co. v. UnitedSearch
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United States v. RabinowitzSearch
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Rios v. UnitedSearch
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constitutional rights, findings of state courts are by no means insulated against examination here. See, e.g., Spano v. NewSearch
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Thomas v. ArizonaSearch
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the concomitant command that evidence so seized is inadmissible against one who has standing to complain. See Jones v. UnitedSearch
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Brinegar v. UnitedSearch
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States, 338 U. S. 160 , 338 U. S. 175 -176 (1949), quoting from Carroll v. UnitedSearch
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People v. FischerSearch
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Bompensiero v. SuperiorSearch
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Murphy himself. That this information was hearsay does not destroy its role in establishing probable cause. Brinegar v. UnitedSearch
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States,supra. In Draper v. UnitedSearch
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Johnson v. UnitedSearch
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came within a judicial exception which had been engrafted upon the statute by a series of decisions, see, e.g., People v. RuizSearch
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People v. MaddoxSearch
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Keiningham v. UnitedSearch
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those of the California statute, both statutes including a requirement of notice of authority and purpose. In Miller v. UnitedSearch
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Finally, the basis of the judicial exception to the California statute, as expressed by Justice Traynor in People v. MaddoxSearch
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s peril would have been increased or the arrest frustrated had he demanded entrance and stated his purpose. ( Read v. CaseSearch
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recognized as consistent with the Fourth Amendment's protection against unreasonable searches and seizures. See Marron v. UnitedSearch
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Harris v. UnitedSearch
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Abel v. UnitedSearch
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imposed no requirement that the arrest be under authority of an arrest warrant, but only that it be lawful. See Marron v. UnitedSearch
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Agnello v. UnitedSearch
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a warrant is not the controlling factor when a search is sought to be justified as incident to arrest, United States v. RabinowitzSearch
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Thus, the facts bear no resemblance to those in Trupiano v. UnitedSearch
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to secure a search warrant. The search of the petitioners' apartment was well within the limits upheld in Harris v. UnitedSearch
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did not constitute a search, since the officer merely saw what was placed before him in full view. United States v. LeeSearch
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People v. WestSearch
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