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Warden Vs. Hayden
Cites for this judgment
- US Supreme Court
- May 29, 1967
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U.S. 294 (1967) U.S. Supreme Court Warden v. HaydenSearch
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U.S. 294 (1967) Warden v. HaydenSearch
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house which he had entered only minutes before they arrived, permitted their warrantless entry and search. McDonald v. UnitedSearch
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did not compel respondent to become a witness against himself in violation of the Fifth Amendment. Schmerber v. CaliforniaSearch
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S. 295 (c) The premise that property interests control government's search and seizure rights, on which Gouled v. UnitedSearch
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panel of the Court of Appeals for the Fourth Circuit reversed. 363 F.2d 647. The Court of Appeals believed that Harris v. UnitedSearch
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McDonald v. UnitedSearch
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had control of all weapons which could be used against them or to effect an escape. We do not rely upon Harris v. UnitedSearch
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Boyd v. UnitedSearch
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in another. See Comment, 20 U.Chi.L.Rev. 319, 320-322 (1953). In Gouled v. UnitedSearch
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The Court derived from Boyd v. UnitedSearch
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to become Page 387 U. S. 303 a witness against himself in violation of the Fifth Amendment. Schmerber v. CaliforniaSearch
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to obtain evidence to use in apprehending and convicting criminals. The common law of search and seizure after Entick v. CarringtonSearch
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claim, it was inconceivable that a person could recover property lawfully seized. As Lord Camden pointed out in Entick v. CarringtonSearch
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property, and have increasingly discarded fictional and procedural barriers rested on property concepts. See Jones v. UnitedSearch
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Silverman v. UnitedSearch
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through a subtle interplay of substantive and procedural reform. The remedial structure at the time even of Weeks v. UnitedSearch
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before trial for the return of his illegally seized property, a proposition not necessarily inconsistent with Adams v. NewSearch
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escaped the bounds of common law property limitations in Silverthorne Page 387 U. S. 305 Lumber Co. v. UnitedSearch
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States, 251 U. S. 385 , and Gouled v. UnitedSearch
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of exclusion. We have held, for example, that intangible as well as tangible evidence may be suppressed, Wong Sun v. UnitedSearch
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trespass under local property law is unnecessary to support a remediable violation of the Fourth Amendment, Silverman v. UnitedSearch
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Jones v. UnitedSearch
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stolen goods, Henry v. UnitedSearch
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instrumentalities, Beck v. OhioSearch
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McDonald v.United States, supra, and contraband, Trupiano v. UnitedSearch
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in a particular apprehension or conviction. In so doing, consideration of police purposes will be required. Cf. Kremen v. UnitedSearch
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U. S. 731 , 330 U. S. 738 . (Emphasis added.) See Burdeau v. McDowellSearch
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Congress has never authorized the issuance of search warrants for the seizure of mere evidence of crime. See Davis v. UnitedSearch
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Procedure incorporated the Gouled categories as limitations on federal authorities to issue warrants, and Mapp v. OhioSearch
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United States v. PollerSearch
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Page 387 U. S. 310 Johnson v. UnitedSearch
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Harris v. UnitedSearch
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Gouled v. UnitedSearch
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Abel v. UnitedSearch
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bypassed state remedies and should be denied an opportunity to assert his claim in federal court. See Henry v. MississippiSearch
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supra, 372 U.S. at 372 U. S. 438 . (Emphasis added.) But see Nelson v. CaliforniaSearch
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People v. ThaverSearch
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State v. BisacciaSearch
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N.J. 504, 213 A.2d 185. Compare United States v. PollerSearch
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only evidential value without, however, considering the validity of the distinction rejected today. See Schmerber v. CaliforniaSearch
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E.g., Stanford v. TexasSearch
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U.S. Supreme Court Warden v. HaydenSearch
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of the Fifth Amendment. Schmerber v. CaliforniaSearch
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Gouled v. UnitedSearch
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