Cupp V Murphy

October 2, 2012 Case Brief Cupp v spud  412 U.S. 291 (1973) Facts: Daniel Murphy was convicted of piddle uping his wife in the second degree. After he appoint out of the writ of execution he c exclusivelyed the patrol and voluntarily submitted himself to skeptical. In the middle of his questioning the police noniced a dark skin senses on his finger and they asked if they could get a sampling and he refused. The police did non respect his wishes and they took the sample anyways of what was at a lower place his fingernail. They processed it and later(prenominal) imbed out there was traces of his wifes nightgown, skin, and blood all from the deceased victim. The manifest was accordingly admitted at trial. Murphy and then proceeded to appeal his conviction stating that they conducted an unlawful search and seizure which goes against his fourth and 14th amendment rights. Issue: Whether the taking of the substance underneath the defendants fingernail w ithout his licence was unlawful. Decision of the Court: His charge was held and he was aerated for the murder of his wife.

Reasoning of the Court: If the suspect could destroy the evidence then at that time and manner it is constitutional to gain the sample or whatever they may need. There was no nut arrest therefore it technically could also be allowed. infra these circumstances, the police are justified in subjecting him to the precise curb search and seizure to preserve the evidence they found under his fingernail. Notes * Dont need search authorisation for fingerprints, voice, write * Search to take plac e because of probable cause, not a full sear! ch b/c not arrested. circumscribed search to protect evidence Warren case * adjust point wrong with going inside the house *If you fate to get a full essay, order it on our website: BestEssayCheap.com

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