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Gustafson Vs. Florida
Cites for this judgment
- US Supreme Court
- Dec 11, 1973
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U.S. 260 (1973) U.S. Supreme Court Gustafson v. FloridaSearch
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U.S. 260 (1973) Gustafson v. FloridaSearch
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suspect made incident to a lawful custodial arrest did not violate the Fourth and Fourteenth Amendments, United States v. RobinsonSearch
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this Court. We granted certiorari, 410 U.S. 982 (1073), and set the case for argument with No. 72-936, United States v. RobinsonSearch
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the authority to search for weapons incident to a lawful arrest is controlled by the standards laid down in Terry v. OhioSearch
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U. S. 1 (1968). Petitioner contends that this case is different from United States v. RobinsonSearch
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for his own wellbeing or for that of others in dealing with the petitioner. We have held today in United States v. RobinsonSearch
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Ante at 414 U. S. 235 . Our decision in Robinson indicates that the limitations placed by Terry v. OhioSearch
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to take him into custody as it does on the need to preserve evidence on his person for later use at trial. Agnello v. UnitedSearch
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Abel v. UnitedSearch
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Ante at 414 U. S. 234 . Neither Chimel v. CaliforniaSearch
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U. S. 752 (1969), nor Peters v. NewSearch
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officer to conduct a full search of the person of an arrestee incident to a lawful custodial arrest. United States v. RobinsonSearch
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in Robinson indicates, not only has this been established Fourth Amendment law since the decision in Weeks v. UnitedSearch
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but it was also the rule both at common law and in the early development of American law. United States v. RobinsonSearch
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probative of criminal conduct. Harris v. UnitedSearch
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Adams v. WilliamsSearch
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United States v. RobinsonSearch
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was also constitutionally valid. To hold otherwise would, as the Court makes clear in this case and in United States v. RobinsonSearch
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MR. JUSTICE BRENNAN join, dissenting. I respectfully dissent for the reasons stated in my opinion in United States v. RobinsonSearch
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petitioner's person and removed the cigarette package before placing petitioner in the squad car, see United States v. RobinsonSearch
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U.S. Supreme Court Gustafson v. FloridaSearch
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the Fourth and Fourteenth Amendments, United States v. RobinsonSearch
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Terry v. OhioSearch
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Agnello v. UnitedSearch
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Neither Chimel v. CaliforniaSearch
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Peters v. NewSearch
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Weeks v. UnitedSearch
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Harris v. UnitedSearch
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