Trupiano v. United States

Trupiano v. United States
Trupiano v. United States
	Supreme Court of the United States
Argued March 9, 1948; Decided June 14, 1948
Full case name	Trupiano v. United States
Docket no.	427
Citations	334 U.S. 699 (more) 68 S. Ct. 1229; 92 L. Ed. 2d 1663
Court membership
	Chief Justice Fred M. Vinson Associate Justices Hugo Black · Stanley F. Reed; Felix Frankfurter · William O. Douglas; Frank Murphy · Robert H. Jackson; Wiley B. Rutledge · Harold H. Burton
Case opinions
Majority	Murphy, joined by Frankfurter, Douglas, Jackson, Rutledge
Dissent	Vinson, joined by Black, Reed, Burton
Laws applied
	Fourth Amendment
	Overruled by
	United States v. Rabinowitz (1950)

Trupiano v. United States, 334 U.S. 699 (1948), was a US Supreme Court decision that ruled that warrantless searches following arrests were unconstitutional under the Fourth Amendment to the United States Constitution.

The case involved a warrantless raid by law enforcement on an illegal distillery, before which law enforcement had had sufficient time to obtain warrants but had chosen not to. After the raid, evidence was seized. In a majority opinion authored by Justice Frank Murphy, the Court ruled that this seizure had been a violation of the Fourth Amendment:

It is a cardinal rule that, in seizing goods and articles, law enforcement agents must secure and use search warrants whenever reasonably practicable. This rule rests upon the desirability of having magistrates rather than police officers determine when searches and seizures are permissible and what limitations should be placed upon such activities.[1]

Trupiano was overturned only two years later in United States v. Rabinowitz (1950), which allowed law enforcement to search and seize evidence at the site of an arrest.[2]

References

Schott, Richard G. (July 1, 2009). "The supreme court reexamines search incident to lawful arrest". FBI Law Enforcement Bulletin. Retrieved August 11, 2013 – via Questia Online Library.
Landynski, Jacob W. (1986). "Search Incident to Arrest". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required) . Archived from the original on 2016-04-09. Retrieved August 11, 2013.

External links

Text of Trupiano v. United States, 334 U.S. 699 (1948) is available from: CourtListener Findlaw Justia

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[1] Schott, Richard G. (July 1, 2009). "The supreme court reexamines search incident to lawful arrest". FBI Law Enforcement Bulletin. Retrieved August 11, 2013 – via Questia Online Library.

[2] Landynski, Jacob W. (1986). "Search Incident to Arrest". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required) . Archived from the original on 2016-04-09. Retrieved August 11, 2013.