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Vale Vs. Louisiana

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  • US Supreme Court
  • Jun 22, 1970

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51 entries 7 linked 44 unlinked
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  1. Shipley Vs. California US Supreme Court · Jun 23, 1969
    Relied / Followed
  2. Stoner Vs. California US Supreme Court · Dec 31, 1969
    Relied / Followed
  3. United States Vs. Jeffers US Supreme Court · Nov 13, 1951
  4. Ker Vs. California US Supreme Court · Jun 10, 1963
  5. Mapp Vs. Ohio US Supreme Court · Jun 19, 1961
  6. United States Vs. Rabinowitz US Supreme Court · Feb 20, 1950
  7. Warden Vs. Hayden US Supreme Court · May 29, 1967
  8. U.S. 30 (1970) U.S. Supreme Court Vale v. Louisiana
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  9. U.S. 30 (1970) Vale v. Louisiana
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  10. as made applicable to the States by the Fourteenth Amendment. Pp. 399 U. S. 33 -35. (a) Even if Chimel v. California
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  11. La. at 1070, 215 So.2d at 816. We cannot agree. Last Term, in Chimel v. California
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  12. upheld Page 399 U. S. 34 as incident to an arrest, that arrest must take place inside the house, cf. Agnello v. United
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  13. States, 269 U. S. 20 , 269 U. S. 32 , not somewhere outside -- whether two blocks away, James v. Louisiana
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  14. U. S. 36 , twenty feet away, Shipley v. California
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  15. Agnello v. United
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  16. situations, Katz v. United
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  17. cause to conduct it. The burden rests on the State to show the existence of such an exceptional situation. Chimel v. California
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  18. McDonald v. United
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  19. us discloses none. Page 399 U. S. 35 There is no suggestion that anyone consented to the search. Cf. Zap v. United
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  20. U. S. 624 , 328 U. S. 628 . The officers were not responding to an emergency. United States v. Jeffers
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  21. States, supra, at 335 U. S. 454 . They were not in hot pursuit of a fleeing felon. Warden v. Hayden
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  22. Chapman v. United
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  23. Johnson v. United
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  24. U. S. 10 , 333 U. S. 15 . The goods ultimately seized were not in the process of destruction. Schmerber v. California
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  25. States, supra, at 335 U. S. 455 . Nor were they about to be removed from the jurisdiction. Chapman v. United
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  26. before us appears, to suppose that it was impracticable for them to obtain a search warrant as well. Cf. McDonald v. United
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  27. Trupiano v. United
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  28. Taylor v. United
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  29. Go-Bart Importing Co. v. United
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  30. Carroll v. United
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  31. Ker v. California
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  32. Louisiana courts committed constitutional error in admitting into evidence the fruits of the illegal search. Shipley v. California
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  33. James v. Louisiana
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  34. without a warrant, are to be judged by whether they are reasonable, and, as I said, speaking for the Court in Preston v. United
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  35. common sense dictates that reasonableness varies with the circumstances of the search. See, e.g., Henry v. United
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  36. Brinegar v. United
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  37. Vale would not have been the action of reasonable police officers. As MR. JUSTICE WHITE said, dissenting in Chimel v. California
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  38. incident to a lawful arrest is reasonable should still be determined by the facts and circumstances of each case. Ker v. California
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  39. that searches to prevent the destruction or removal of evidence have long been held reasonable by this Court. Preston v. United
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  40. may be, as it is here, quite distinct from whether or not the search was incident to a valid arrest. See United States v. Jeffers
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  41. It is thus unnecessary to determine whether the search was valid as incident to the arrest under either Chimel v. California
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  42. U.S. Supreme Court Vale v. Louisiana
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  43. Chimel v. California
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  44. Katz v. United
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  45. Cf. Zap v. United
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  46. Schmerber v. California
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  47. Cf. McDonald v. United
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  48. Preston v. United
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  49. Henry v. United
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  50. Court. Preston v. United
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