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 nos.	427
Citations	334 U.S. 699 (more)
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

1. Schott, Richard G. (July 1, 2009). "The supreme court reexamines search incident to lawful arrest". FBI Law Enforcement Bulletin.  – via HighBeam Research (subscription required) . Retrieved August 11, 2013.
2. Landynski, Jacob W. (1986). "Search Incident to Arrest". Encyclopedia of the American Constitution.  – via HighBeam Research (subscription required) . Retrieved August 11, 2013.

External links

• Text of Trupiano v. United States, 334 US 699 (1948) is available from:  Findlaw  Justia