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Cleary Vs. Bolger
Cites for this judgment
- US Supreme Court
- Nov 14, 1962
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U.S. 392 (1963) U.S. Supreme Court Cleary v. BolgerSearch
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U.S. 392 (1963) Cleary v. BolgerSearch
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the injunction against the state officer was improvidently granted. Stefanelli v. MinardSearch
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U. S. 117 , followed. Rea v. UnitedSearch
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been manifested in numerous decisions of this Court involving a State's enforcement of its criminal law. E.g., Pugach v. DollingerSearch
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Douglas v. CitySearch
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Beal v. MissouriSearch
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recognized the validity of these considerations, but thought that injunctive relief was nonetheless required by Rea v. UnitedSearch
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the correctness of the lower courts' broad reading of the Rea Page 371 U. S. 399 case, cf. Wilson v. SchnettlerSearch
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Brief any citation in this list with AI Studio
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Nor is the vitality of the principles on which the latter case rested sapped by this Court's decision in Mapp v. OhioSearch
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U. S. 643 , overruling Wolf v. ColoradoSearch
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U. S. 25 , which had refused to extend to the States the exclusionary rule of Weeks v. UnitedSearch
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constitutional rights in the state proceedings. To the extent that such rights have been violated, cf., e.g., Mapp v. OhioSearch
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need not decide whether an adverse state determination upon such claims would be reversible here. Cf., e.g., Gallegos v. NebraskaSearch
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See De Veau v. BraistedSearch
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See McNabb v. UnitedSearch
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jurisdiction to enjoin petitioner incidental to its supervisory power over federal law enforcement agencies, cf. Rea v. UnitedSearch
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stated a cause of action as to him or whether federal jurisdiction existed or was adequately invoked. See Stefanelli v. MinardSearch
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to think that the propriety of the District Court's injunction was not affected by this Court's decision in Mapp v. OhioSearch
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s opinion, because I do not find it necessary, in the present circumstances, to pass upon the question whether Rea v. UnitedSearch
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obviated by the commendably broad reading which the New York Court of Appeals has given this Court's decision in Mapp v. OhioSearch
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Because I strongly adhere to the principle, stated with clarity in Stefanelli v. MinardSearch
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a holding arrived at on facts similar to those involved here. People v. RodriguezSearch
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the evidence in question here, a possibility which, for me, because of my firm belief in the principles of Stefanelli v. MinardSearch
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There is a strong interest, which many decisions of this Court reflect, e.g., McNabb v. UnitedSearch
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Mallory v. UnitedSearch
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People v. LoriaSearch
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People v. O'NeillSearch
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People v. RodriguezSearch
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Compare Bloodgood v. LynchSearch
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N.Y. 308, 56 N.E.2d 718 (1944), with Sackler v. SacklerSearch
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Compare Rogers v. UnitedSearch
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States, 97 F.2d 691 (C.A.1st Cir. 1938), United States v. ButlerSearch
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F.2d 897 (C.A.10th Cir. 1946), and United States v. PhysicSearch
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F.2d 338 (C.A.2d Cir. 1949), with United States v. OneSearch
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Nothing in Gallegos v. NebraskaSearch
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in violation of the Fourth Amendment. That question can now be raised in the state prosecution as a result of Mapp v. OhioSearch
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and seizure violated both the Fourth Amendment and Rule 41(a). 189 F.Supp. 237. The District Court relied on Rea v. UnitedSearch
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F.Supp. at 256. Only Cleary appealed, and the Court of Appeals affirmed on the authority of Rea v. UnitedSearch
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to paraphrase an earlier opinion in a related area. See Elkins v. PageSearch
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criminal prosecution to protect a defendant's federal rights against state infringement, as was the case in Pugach v. DollingerSearch
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U. S. 458 , and Stefanelli v. MinardSearch
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of the Federal Rules of Criminal Procedure. But, having made this concession -- compelled, I should think, by Rea v. UnitedSearch
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Tucker v. CarpenterSearch
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