Trupiano et al. v. United States (334 U.S. 699)
U.S. Supreme Court · decided June 14, 1948 · Supreme Court Database (Spaeth)
- Citation
- 334 U.S. 699 · 68 S. Ct. 1229
- Docket
- No. 427
- Argued
- March 9, 1948
- Decided
- June 14, 1948
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Murphy
- Issue area
- Criminal Procedure
- Disposition
- Affirmed and reversed (or vacated) in part
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Justice R. H. Jackson, Justice Douglas, Justice Frankfurter, Justice Rutledge, Justice Murphy (wrote)
- Dissenting
- Chief Justice Vinson (wrote), Justice Burton, Justice Reed, Justice Black
Opinion excerpt
Mr. Justice Murphy delivered the opinion of the Court. This case adds another chapter to the body of law growing out of the Fourth Amendment to the Constitution of the United States. That Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In other words, the Fourth Amendment is a recognition of the fact that in this nation individual liberty depends in large part upon freedom from unreasonable intrusion by those in authority. It is the duty of this Court to give effect to that freedom. In January, 1946, the petitioners sought to lease part of the Kell farm in Monmouth County, New Jersey, and to erect a building thereon. Kell suspected that they intended to build and operate an illegal still. He accordingly reported the matter to the appropriate federal authority, the Alcohol Tax Unit of the Bureau of Internal Revenue. The federal agents told Kell to accept the proposition, provided he did nothing to entice or encourage the petitioners into going ahead with their plans and provided he kept the agents informed of all developments. Nilsen, one of the agents, was assigned in…
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