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Whiteley v. Warden, 401 U.S. 560 (1971)
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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.
Whiteley v. Warden, 401 U.S. 560 (1971)
Whiteley v. Warden No. 136 Argued January 13, 1971 Decided March 29, 1971 401 U.S. 560
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
A sheriff, acting on a tip, made a complaint before a magistrate charging that petitioner and another individual on the date and at the place named "did then and there unlawfully break and enter into [the described] locked . . . building," and a warrant was issued. A police radio bulletin named and described the two persons, the type of car they were probably driving, and the amount and type of money taken. Relying on the bulletin, an officer in another county made a warrantless arrest of the suspects. The car was then searched and various incriminating items removed, which were later used at petitioner’s trial, which resulted in his conviction. Petitioner filed a habeas corpus petition reiterating the challenge he had made at his arraignment and trial to the constitutionality of the use of evidence seized during a search incident to the assertedly illegal arrest. The District Court denied the petition, and the Court of Appeals affirmed.
Held:
1. Petitioner’s arrest violated his rights under the Fourth and Fourteenth Amendments and the evidence secured incident thereto should have been excluded from his trial. Pp. 564-569.
(a) The complaint, which did not mention that the sheriff acted on an informer’s tip, and which consisted of no more than the sheriff’s conclusion that the individuals named committed the offense, could not support the independent judgment of a disinterested magistrate. P. 565.
(b) The standards applicable to the factual basis for an arresting officer’s probable cause assessment are no less strict than those applicable to the magistrate’s assessment. Here, the arresting officer had no information to corroborate the report that the suspects had committed the crime and the fact that the warrantless arrest was based on a police radio bulletin cannot supply the element of probable cause that the officer who issued the bulletin lacked. Pp. 565-567.
2. Since, notwithstanding petitioner’s constitutional challenge at each stage, respondent made no attempt to show that the magistrate had more information than was presented in the complaint, he may not attempt to do so now on remand; and the writ must issue unless the State appropriately arranges to retry the petitioner. P. 569.
416 F.2d 36, reversed and remanded.
HARLAN, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, WHITE, and MARSHALL, JJ., joined. BLACK, J., filed a dissenting opinion, in which BURGER, C.J., joined, post, p. 570. BLACKMUN, J., filed a dissenting statement, post, p. 575.
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Chicago: U.S. Supreme Court, "Syllabus," Whiteley v. Warden, 401 U.S. 560 (1971) in 401 U.S. 560 401 U.S. 561. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=N3VZ6JI2SKFJ9ET.
MLA: U.S. Supreme Court. "Syllabus." Whiteley v. Warden, 401 U.S. 560 (1971), in 401 U.S. 560, page 401 U.S. 561. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=N3VZ6JI2SKFJ9ET.
Harvard: U.S. Supreme Court, 'Syllabus' in Whiteley v. Warden, 401 U.S. 560 (1971). cited in 1971, 401 U.S. 560, pp.401 U.S. 561. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=N3VZ6JI2SKFJ9ET.
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