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Elkins v. United States, 364 U.S. 206 (1960)
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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.
Elkins v. United States, 364 U.S. 206 (1960)
Elkins v. United States No. 126 Argued March 28-29, 1960 Decided June 27, 1960 364 U.S. 206
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. Evidence obtained by state officers during a search which, if conducted by federal officers, would have violated the defendant’s immunity from unreasonable searches and seizures under the Fourth Amendment is inadmissible over the defendant’s timely objection in a federal criminal trial, even when there was no participation by federal officers in the search and seizure. Pp. 206-224.
2. In determining whether there has been an unreasonable search and seizure by state officers, a federal court must make an independent inquiry, whether or not there has been such an inquiry by a state court and irrespective of how any such inquiry may have turned out. Pp. 223-224.
3. The test is one of federal law, neither enlarged by what one state court may have countenanced nor diminished by what another may have colorably suppressed. P. 224.
266 F.2d 588, judgment vacated and case remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Elkins v. United States, 364 U.S. 206 (1960) in 364 U.S. 206 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QAW79ZBP8UCJYYQ.
MLA: U.S. Supreme Court. "Syllabus." Elkins v. United States, 364 U.S. 206 (1960), in 364 U.S. 206, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QAW79ZBP8UCJYYQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Elkins v. United States, 364 U.S. 206 (1960). cited in 1960, 364 U.S. 206. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QAW79ZBP8UCJYYQ.
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