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Burdeau v. McDowell, 256 U.S. 465 (1921)
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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.
Burdeau v. McDowell, 256 U.S. 465 (1921)
Burdeau v. McDowell No. 66 Argued April 11, 12, 1921 Decided June 1, 1921 256 U.S. 465
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Syllabus
1. The United States may retain for use as evidence in the criminal prosecution of their owner incriminating documents which are turned over to it by private individuals who procured them, without the participation or knowledge of any government official, through a wrongful search of the owner’s private desk and papers in an office. P. 474.
2. The provision of the Fourth Amendment forbidding unreasonable searches and seizures refers to governmental action; the Fifth Amendment secures the citizen from compulsory testimony against himself by protecting him from extorted confessions and examinations in court proceedings by compulsory methods. P. 475.
Reversed.
Appeal from an order of the district court requiring that certain books and papers be impounded with the clerk and ultimately returned to the appellee, and enjoining officers of the Department of Justice from using them, or evidence derived through them, in criminal proceedings against him. The facts are stated in the opinion, post 470.
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Chicago: U.S. Supreme Court, "Syllabus," Burdeau v. McDowell, 256 U.S. 465 (1921) in 256 U.S. 465 256 U.S. 470. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=M55ER6Z9QA9GTE2.
MLA: U.S. Supreme Court. "Syllabus." Burdeau v. McDowell, 256 U.S. 465 (1921), in 256 U.S. 465, page 256 U.S. 470. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=M55ER6Z9QA9GTE2.
Harvard: U.S. Supreme Court, 'Syllabus' in Burdeau v. McDowell, 256 U.S. 465 (1921). cited in 1921, 256 U.S. 465, pp.256 U.S. 470. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=M55ER6Z9QA9GTE2.
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