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United States Vs. Ventresca
Cites for this judgment
- US Supreme Court
- Mar 01, 1965
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U.S. 102 (1965) U.S. Supreme Court United States v. VentrescaSearch
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U.S. 102 (1965) United States v. VentrescaSearch
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that any informant involved, whose identity need not be disclosed, was credible or his information reliable. Aguilar v. TexasSearch
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warrant. In discussing the Fourth Amendment policy against unnecessary invasions of privacy, we stated in Aguilar v. TexasSearch
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Page 380 U. S. 106 over the hurried action of offices . . . who may happen to make arrests.' United States v. LefkowitzSearch
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U.S. at 378 U. S. 110 -111. In Jones v. UnitedSearch
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a doubtful or marginal case, a search under a warrant may be sustainable where without one it would fall. In Johnson v. UnitedSearch
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States, 333 U. S. 10 , and Chapman v. UnitedSearch
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Johnson v. UnitedSearch
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Locke v. UnitedSearch
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may rest upon evidence which is not legally competent in a criminal trial. Draper v. UnitedSearch
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States, 358 U. S. 307 , 358 U. S. 311 . Page 380 U. S. 108 As the Court stated in Brinegar v. UnitedSearch
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Jones v. UnitedSearch
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Page 380 U. S. 109 upon which that belief is based. See Aguilar v. TexasSearch
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or marginal cases in this area should be largely determined by the preference to be accorded to warrants. Jones v. UnitedSearch
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Court is alert to invalidate unconstitutional searches and seizures whether with or without a warrant. See Aguilar v. TexasSearch
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Preston v. UnitedSearch
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Carroll v. UnitedSearch
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in which search is incident to a lawful arrest. This latter exception is itself a limited one. We stated in Preston v. UnitedSearch
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search of the person of the accused for weapons or for the fruits of or implements used to commit the crime. Weeks v. UnitedSearch
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Agnello v. UnitedSearch
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right to search and seize without a search warrant extends to things under the accused's immediate control, Carroll v. UnitedSearch
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S. 158 , and, to an extent depending on the circumstances of the case, to the place where he is arrested, Agnello v. UnitedSearch
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Marron v. UnitedSearch
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Monnette v. UnitedSearch
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States, 299 F.2d 847, 850 (C.A.5th Cir.). Cf. Chapman v. UnitedSearch
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Steeber v. UnitedSearch
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Rugendorf v. UnitedSearch
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Chin Kay v. UnitedSearch
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United States v. McCormickSearch
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Weise v. UnitedSearch
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is in the keeping of the magistrate. Giordenello v. UnitedSearch
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he says does not necessarily go either. He too is bound by the Constitution. His discretion is reviewable. Aguilar v. TexasSearch
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but the magistrate must, of course, know something of the basis of that belief. Nathanson v. UnitedSearch
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A discussion of the legal principles governing the sufficiency of this affidavit must, unhappily, begin with Draper v. UnitedSearch
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that description getting off, and arrested him. The Court held that there was probable cause for the arrest. In Jones v. UnitedSearch
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ante, p. 380 U. S. 111 . But I would make Taylor v. UnitedSearch
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In Johnson v. UnitedSearch
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of probable cause, and is in sharp contrast to the amorphous one upon which today's decision rests. In Jones v. UnitedSearch
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Court forgot, as it forgets again today, that the duty of the magistrate is not delegable to the police. Nathanson v. UnitedSearch
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F.2d at 870. And see Masiello v. UnitedSearch
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U.S. Supreme Court United States v. VentrescaSearch
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Aguilar v. TexasSearch
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In Jones v. UnitedSearch
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and Chapman v. UnitedSearch
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