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United States v. Rabinowitz, 339 U.S. 56 (1950)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Rabinowitz, 339 U.S. 56 (1950)
United States v. Rabinowitz No. 293 Argued January 11, 1950 Decided February 20, 1950 339 U.S. 56
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Knowing that respondent had sold four forged postage stamps to a government agent and probably possessed many more in his one-room place of business which was open to the public, officers obtained a warrant for his arrest; but they did not obtain a search warrant. They arrested him in his place of business, searched the desk, safe, and file cabinets, and seized 573 forged stamps. He was indicted for possessing and concealing the stamps so seized and for selling the four that had been purchased. The seized stamps were admitted in evidence over his objection, and he was convicted on both counts.
Held: The search and seizure were incident to a lawful arrest, they were not unreasonable, and they did not violate the Fourth Amendment. Pp. 57-66.
(a) What is a reasonable search is not to be determined by any fixed formula. The recurring questions of the reasonableness of searches must find resolution in the facts and circumstances of each case. P. 63.
(b) Here, the search and seizure were reasonable because: (1) they were incident to a valid arrest; (2) the place of the search was a business room to which the public, including the officers, was invited; (3) the room was small, and under the immediate and complete control of respondent; (4) the search did not extend beyond the room used for unlawful purposes; and (5) the possession of the forged stamps was a crime. Pp. 63-64.
2. Trupiano v. United States, 334 U.S. 699, overruled to the extent that it requires a search warrant solely upon the basis of the practicability of procuring it, rather than upon the reasonableness of the search after a lawful arrest. Pp. 65-66.
176 F. 2d 732, reversed.
Respondent was convicted of violating 18 U.S.C. (1946 ed.) §§ 265, 268. The Court of Appeals reversed. 176 F.2d 732. This Court granted certiorari. 338 U.S. 884. Reversed, p. 66.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Rabinowitz, 339 U.S. 56 (1950) in 339 U.S. 56 339 U.S. 57. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=94PI3KCCYBMB1MA.
MLA: U.S. Supreme Court. "Syllabus." United States v. Rabinowitz, 339 U.S. 56 (1950), in 339 U.S. 56, page 339 U.S. 57. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=94PI3KCCYBMB1MA.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Rabinowitz, 339 U.S. 56 (1950). cited in 1950, 339 U.S. 56, pp.339 U.S. 57. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=94PI3KCCYBMB1MA.
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