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Cupp Vs. Murphy

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  • US Supreme Court
  • May 29, 1973

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50 entries 6 linked 44 unlinked
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  1. Terry Vs. Ohio US Supreme Court · Jun 10, 1968
  2. United States Vs. Dionisio US Supreme Court · Jan 22, 1973
  3. Chimel Vs. California US Supreme Court · Jun 23, 1969
  4. United States Vs. Mara US Supreme Court · Jan 22, 1973
  5. Schneckloth Vs. Bustamonte US Supreme Court · May 29, 1973
  6. Mancusi Vs. Deforte US Supreme Court · Jun 17, 1968
  7. U.S. 291 (1973) U.S. Supreme Court Cupp v. Murphy
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  8. U.S. 291 (1973) Cupp v. Murphy
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  9. is clearly implicated, cf. United States v. Dionisio
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  10. U. S. 1 , 392 U. S. 19 . As the Court said in Davis v. Mississippi
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  11. the murder. The vice of the detention in Davis is therefore absent in the case before us. Cf. United States v. Dionisio
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  12. as a seizure of his person. Unlike the fingerprinting in Davis, the voice exemplar obtained in United States v. Dionisio
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  13. supra, or the handwriting exemplar obtained in United States v. Mara
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  14. that is subject to constitutional scrutiny. Terry v. Ohio
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  15. U. S. 24 -25. We believe this search was constitutionally permissible under the principles of Chimel v. California
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  16. limited search necessary to preserve the highly evanescent evidence they found under his fingernails, cf. Schmerber v. California
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  17. As the Court stated in Terry v. Ohio
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  18. Sibron v. New
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  19. Davis v. Mississippi
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  20. U. S. 721 , 394 U. S. 728 (1969). See also Terry v. Ohio
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  21. from which they may infer that a person, who they suspect is about to commit a crime, is armed and dangerous, Terry v. Ohio
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  22. the scope of a search must be strictly limited in terms of the circumstances that justify the search. See, e.g., Terry v. Ohio
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  23. lead to later expansion of the exceptions beyond the narrow confines of the cases in which they are established, Adams v. Williams
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  24. to determine whether the police were required to obtain a warrant for Murphy's arrest at the relevant time. Cf. Jones v. United
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  25. Coolidge v. New
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  26. had been wrongly admitted at the state trial. For the reasons set forth in my concurring opinion in Schneckloth v. Bustamonte
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  27. is clouded in my mind because the police did not arrest Murphy until a month later. It is a case not covered by Chimel v. California
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  28. No such arrest was made until a month after Murphy's fingernails were scraped. As we stated in Johnson v. United
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  29. The case is therefore on all fours with Davis v. Mississippi
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  30. in this case, Davis involved an investigative seizure. In Davis, at 394 U. S. 727 , as in Terry v. Ohio
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  31. the requirement of the Fourth Amendment, which is applicable to the States by reason of the Fourteenth Amendment. Mapp v. Ohio
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  32. of searches incident to an arrest as was involved in Chimel. That exception is designed ( see Schmerber v. California
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  33. Silverthorne Lumber Co. v. United
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  34. U. S. 385 , 251 U. S. 392 . No warrant could have been issued by the police, for, as we held in Coolidge v. New
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  35. And see Mancusi v. DeForte
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  36. U. S. 364 , 392 U. S. 371 . As stated in Johnson v. United
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  37. Id. at 333 U. S. 16 -17. It will not do here either. As Boyd v. United
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  38. U. S. 633 . The same can be said of incriminating evidence found under a suspect's fingernails. See Rochin v. California
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  39. evidence can be obtained only with the defendant's cooperation. But that extends even the boundaries set by Schmerber v. California
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  40. of blood, 384 U. S. 757 , 384 U. S. 761 , with which my Brother MARSHALL disagrees. United States v. Dionisio
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  41. U.S. Supreme Court Cupp v. Murphy
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  42. Cf. United States v. Dionisio
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  43. of Chimel v. California
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  44. Schmerber v. California
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  45. Adams v. Williams
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  46. Cf. Jones v. United
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  47. Johnson v. United
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  48. of the Fourteenth Amendment. Mapp v. Ohio
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  49. As Boyd v. United
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  50. See Rochin v. California
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