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Cupp v. Murphy, 412 U.S. 291 (1973)
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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.
Cupp v. Murphy, 412 U.S. 291 (1973)
Cupp v. Murphy No. 72-212 Argued March 20, 1973 Decided May 29, 1973 412 U.S. 291
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Over respondent’s protest and without a warrant, police in the course of station house questioning in connection with a murder took samples from the respondent’s fingernails and discovered evidence used to convict him. Respondent had come to the station house voluntarily, and had not been arrested, although he was detained and there was probable cause to believe that he had committed the murder. In reversing the District Court’s denial of habeas corpus, the Court of Appeals concluded that, absent arrest or other exigent circumstances, the search was unconstitutional.
Held: In view of the station house detention upon probable cause, the very limited intrusion undertaken to preserve highly evanescent evidence was not violative of the Fourth and Fourteenth Amendments. Pp. 293-296.
461 F.2d 1006, reversed.
STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. WHITE, J., filed a concurring statement, post, p. 297. MARSHALL, J., filed a concurring opinion, post, p. 297. BLACKMUN, J., filed a concurring opinion, in which BURGER, C.J., joined, post, p. 300. POWELL, J., filed a concurring opinion, in which BURGER, C.J., and REHNQUIST, J., joined, post, p. 300. DOUGLAS, J., post, p. 301, and BRENNAN, J., post, p. 305, filed opinions dissenting in part.
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Chicago: U.S. Supreme Court, "Syllabus," Cupp v. Murphy, 412 U.S. 291 (1973) in 412 U.S. 291 412 U.S. 292. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FQJQW5TYGIFUSYS.
MLA: U.S. Supreme Court. "Syllabus." Cupp v. Murphy, 412 U.S. 291 (1973), in 412 U.S. 291, page 412 U.S. 292. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FQJQW5TYGIFUSYS.
Harvard: U.S. Supreme Court, 'Syllabus' in Cupp v. Murphy, 412 U.S. 291 (1973). cited in 1973, 412 U.S. 291, pp.412 U.S. 292. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FQJQW5TYGIFUSYS.
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