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Davis Vs. United States

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  • US Supreme Court
  • Jun 10, 1946

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  1. United States Vs. Lefkowitz US Supreme Court · Apr 11, 1932
  2. Counselman Vs. Hitchcock US Supreme Court · Jan 11, 1892
  3. Davis v. United
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  4. States - 328 U.S. 582 (1946) U.S. Supreme Court Davis v. United
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  5. States, 328 U.S. 582 (1946) Davis v. United
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  6. a distinction is made between private papers or documents and public property in the custody of a citizen. Wilson v. United
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  7. the right to inspect a place of business to stand mute when clear evidence of criminal activity is known to them. Amos v. United
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  8. the seizure of the coupons and their use at the trial in Page 328 U. S. 585 violation of the rule of Weeks v. United
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  9. revealed in the decisions of this Court is the product of the interplay of these two constitutional provisions. Boyd v. United
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  10. protection of the individual against compulsory production of evidence to be used against him. Boyd v. United
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  11. Weeks v. United
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  12. States, supra. And see Oklahoma Press Pub. Co. v. Walling
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  13. The distinction between the two classes of property in the law of searches and seizures was recognized in Wilson v. United
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  14. Page 328 U. S. 591 The distinction has had important repercussions in the law, beyond that indicated by Wilson v. United
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  15. to possession. The claim of ownership will even justify a trespass, and warrant steps otherwise unlawful. Richardson v. Anthony
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  16. Madden v. Brown
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  17. State v. Dooley
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  18. only coupons were taken. These facts distinguished this case from such cases as Amos v. United
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  19. involved. The custodian in this situation is not protected against the production of incriminating documents. Wilson v. United
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  20. This distinction was noted in another connection in Boyd v. United
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  21. such as counterfeit coin, lottery tickets, implements of gambling, etc., are not within this category. Commonwealth v. Dana
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  22. State of Tennessee v. Hall
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  23. State v. Knight
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  24. State v. Bennett
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  25. Gouled v. United
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  26. and drastic break with the whole history of the Fourth Amendment and its applications by this Court. See Olmstead v. United
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  27. charge also is a misdemeanor. The petitioner made timely motions for the suppression of the evidence, see Nardone v. United
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  28. determinations even when they come here, unlike the present case, supported by both lower courts. See United States v. Appalachian
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  29. constitutes a voluntary yielding is to disregard ordinary experience. This Court preferred not to do that in Amos v. United
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  30. See Union Pac. R. Co. v. Public
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  31. protection afforded their possessors between papers exclusively private and documents having public aspects. Cf. Weeks v. United
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  32. only its own reasoning to support it. Nothing that this Court has ever decided or sanctioned gives it strength. Wilson v. United
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  33. Crown, 130, 133. An attempt to exceed these narrow limits called forth the enduring judgment of Lord Camden, in Entick v. Carrington
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  34. Commonwealth v. Dana
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  35. historic reach of the Amendment and the duty to observe it was expounded for the Court by Mr. Justice Bradley in Boyd v. United
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  36. Page 328 U. S. 607 Brandeis, J., in Olmstead v. United
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  37. because the information leading to the issue of the subpoena has been unlawfully secured. Silverthorne Lumber Co. v. United
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  38. yet we held in Gouled v. United
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  39. of the amendment extends to a witness before a grand jury, although he has not been charged with crime ( Counselman v. Hitchcock
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  40. Olmstead v. United
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  41. Its chief reliance was language in Marron v. United
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  42. A short answer would be that the sting of the Marron case was taken by two later cases. Go-Bart Importing Co. v. United
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  43. States, 282 U. S. 344 , 282 U. S. 358 , and United States v. Lefkowitz
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  44. in early Anglo-Saxon law, see People v. Chiagles
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  45. N.E. 583, 584, or is based on the necessity of depriving the prisoner of potential means of escape, Closson v. Morrison
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  46. N.H. 482, or on preventing the prisoner from destroying evidence otherwise properly subject to seizure, see Reifsnyder v. Lee
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  47. Holker v. Hennessey
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  48. U.S. Supreme Court Davis v. United
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  49. Wilson v. United
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  50. Amos v. United
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