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Mancusi Vs. Deforte
Cites for this judgment
- US Supreme Court
- Jun 17, 1968
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U.S. 364 (1968) U.S. Supreme Court Mancusi v. DeForteSearch
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U.S. 364 (1968) Mancusi v. DeForteSearch
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Amendment rights were violated by the search and seizure. and that the materials were inadmissible under Mapp v. OhioSearch
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union officials. Respondent thus had standing to object to the admission of the seized papers at his trial. Jones v. UnitedSearch
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that the seized material was constitutionally inadmissible in state proceedings under the rule laid down in Mapp v. OhioSearch
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The decision below was based solely upon a finding that DeForte's Fourth and Fourteenth Amendment rights, see Ker v. CaliforniaSearch
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right against self-incrimination with respect to the use against him of the seized records. Cf. United States v. WhiteSearch
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Wilson v. UnitedSearch
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Simmons v. UnitedSearch
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not to be taken literally, and that the protection of the Amendment may extend to commercial premises. See, e.g., See v. SeattleSearch
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Go-Bart Importing Co. v. UnitedSearch
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Silverthorne Lumber Co. v. UnitedSearch
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who have title to the searched premises. It was Page 392 U. S. 368 settled even before our decision in Jones v. UnitedSearch
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U. S. 257 , that one with a possessory interest in the premises might have standing. See, e.g., United States v. JeffersSearch
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The Court's recent decision in Katz v. UnitedSearch
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long been settled that one has standing to object to a search of his office, as well as of his home. See, e.g., Gouled v. UnitedSearch
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Goldman v. UnitedSearch
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Lopez v. UnitedSearch
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Osborn v. UnitedSearch
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States, 385 U. S. 323 . Since the Court in Jones v. UnitedSearch
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had been seized from a desk or a filing cabinet in that office, he would have had standing. Cf. Go-Bart Importing Co. v. UnitedSearch
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given, either expressly or by implication. Our conclusion that DeForte had standing finds strong support in Jones v. UnitedSearch
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Camara v. MunicipalSearch
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Amalgamated Union, Local 22 v. LevineSearch
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instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.' Johnson v. UnitedSearch
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Giordenello v. UnitedSearch
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States, 357 U. S. 480 , 357 U. S. 486 . In Silverthorne Lumber Co. v. UnitedSearch
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Those appeals culminated in a petition for certiorari to this Court, which was denied sub nom. De Grandis v. NewSearch
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for certiorari following direct appeal was denied in 1963, more than two years after the Court's decision in Mapp v. OhioSearch
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Under the rule laid down in Linkletter v. WalkerSearch
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during a search of DeForte's home, and, in that event, we think it clear that he would have had standing. Wilson v. UnitedSearch
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Stoner v. CaliforniaSearch
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McDonald v. UnitedSearch
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Agnello v. UnitedSearch
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The Court's opinion in Davis v. UnitedSearch
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See v. CitySearch
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papers by means which did not violate the Fourth Amendment. As Mr. Justice Holmes stated in Silverthorne Lumber Co. v. UnitedSearch
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to use of such papers as evidence has been left to the owner whose constitutional rights had been invaded. In Wilson v. UnitedSearch
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In United States v. WhiteSearch
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of the defendant's own property when illegally seized, has had only a precarious tenure in this Court. See Adams v. NewSearch
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Weeks v. UnitedSearch
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States, 232 U. S. 383 (1914), and my concurring opinion in Mapp v. OhioSearch
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the organization can obtain return of all the documents by bringing a civil action. See, e.g., Go-Bart Importing Co. v. UnitedSearch
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any other circumstances. I have found no past decision by this Court to that effect. Neither Silverthorne Lumber Co. v. UnitedSearch
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States, 251 U. S. 385 (1920), nor Go-Bart Importing Co. v. UnitedSearch
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in no way supports the Court's holding today, directly or indirectly. Jones v. UnitedSearch
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the Fourth Amendment to a position of importance far above that of any other constitutional provision, compare Flast v. CohenSearch
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