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Rawlings Vs. Kentucky

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  • US Supreme Court
  • Jun 25, 1980

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68 entries 7 linked 61 unlinked
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  1. Terry Vs. Ohio US Supreme Court · Jun 10, 1968
  2. United States Vs. Brignoni-ponce US Supreme Court · Jun 30, 1975
  3. Mancusi Vs. Deforte US Supreme Court · Jun 17, 1968
  4. Rakas Vs. Illinois US Supreme Court · Dec 05, 1978
  5. United States Vs. Salvucci US Supreme Court · Jun 25, 1980
  6. Cupp Vs. Murphy US Supreme Court · May 29, 1973
  7. United States Vs. Jeffers US Supreme Court · Nov 13, 1951
  8. U.S. 98 (1980) U.S. Supreme Court Rawlings v. Kentucky
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  9. U.S. 98 (1980) Rawlings v. Kentucky
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  10. concepts of property law do not control the ability to claim the protections of the Fourth Amendment. Cf. Rakas v. Illinois
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  11. Amendments by detaining petitioner and his companions in the house while they obtained a search warrant. Cf. Brown v. Illinois
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  12. into Cox's purse. Id. at 350, citing Rakas v. Illinois
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  13. of the search of Cox's purse, the Supreme Court of Kentucky looked primarily to our then recent decision in Rakas v. Illinois
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  14. in the area searched. See Katz v. United
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  15. but also that he had a legitimate expectation of privacy in that purse. See Page 448 U. S. 105 Rakas v. Illinois
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  16. Simmons v. United
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  17. testimony, petitioner had never sought or received access to her purse prior to that sudden bailment. Contrast Jones v. United
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  18. U. S. 259 (1960). Nor did petitioner have any right to exclude other persons from access to Cox's purse. See Rakas v. Illinois
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  19. a reasonable inference that petitioner took normal precautions to maintain his privacy. Contrast United States v. Chadwick
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  20. Katz v. United
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  21. protections of the Fourth Amendment. See 439 U.S. at 439 U. S. 149 -150, n. 17. See also United States v. Salvucci
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  22. admissions would not be necessary unless his statements were the result of his illegal detention. As we noted in Brown v. Illinois
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  23. Id. at 422 U. S. 603 -604 (footnotes and citations omitted). See also Dunaway v. New
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  24. s belief about the scope of the warrant they obtained may well have been erroneous under our recent decision in Ybarra v. Illinois
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  25. level of conscious or flagrant misconduct requiring prophylactic exclusion of petitioner's statements. Contrast Brown v. Illinois
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  26. we do not believe it particularly important that the search preceded the arrest, rather than vice versa. See Bailey v. United
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  27. United States v. Brown
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  28. U.S.App.D.C. 113, 114, 463 F.2d 949, 950 (1972). See also Cupp v. Murphy
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  29. United States v. Gorman
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  30. to contest the legality of the search that uncovered the drugs. See Jones v. United
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  31. States, 362 U. S. 257 (1960). Our decision today in United States v. Salvucci
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  32. The reasonableness of seizures that are less intrusive than a traditional arrest, see Dunaway v. New
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  33. and the individual's right to personal security free from arbitrary interference by law officers.' Pennsylvania v. Mimms
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  34. Brown v. Texas
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  35. separately to explain my somewhat different approach to the issues addressed in 448 U. S. In my view, Rakas v. Illinois
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  36. in the sense that both are to be addressed under the principles of Fourth Amendment analysis developed in Katz v. United
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  37. is an essential element of modern property rights. Kaiser Aetna v. United
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  38. as it must, that the search of the purse was unreasonable and in violation of the Fourth Amendment, see Ybarra v. Illinois
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  39. previous Fourth Amendment cases begins and ends -- as it must if it is to reach its desired conclusion -- with Rakas v. Illinois
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  40. searched, see Jones v. United
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  41. standing rule for persons charged with possessory offenses, which the Court overrules today, see United States v. Salvucci
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  42. the Court has ignored Page 448 U. S. 116 a long tradition embodying the opposite view. United States v. Jeffers
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  43. Ibid. (emphasis supplied). Similarly, Jones v. United
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  44. id. at 362 U. S. 264 . Simmons v. United
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  45. U.S. at 390 U. S. 391 (footnote omitted). See also Brown v. United
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  46. even though he is the owner of the seized property, was squarely rejected almost 30 years ago in United States v. Jeffers
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  47. violated turned on whether he had a property interest in the place searched or the items seized. Jones and Katz v. United
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  48. Harris v. United
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  49. Jones v. United
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  50. Ante at 448 U. S. 105 . The Court also cites Katz v. United
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