Mincey v. Arizona - Significance
search police home petitioner
Petitioner
Rufus Junior Mincey
Respondent
The State of Arizona
Petitioner's Claim
That a search of his home conducted by police officers who did not first obtain a search warrant violated his Fourth Amendment protection against unreasonable searches, and therefore his criminal conviction based on evidence seized during the search was invalid.
Chief Lawyer for Petitioner
Richard Oseran
Chief Lawyer for Respondent
Galen H. Wilkes
Justices for the Court
Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, Thurgood Marshall, Lewis F. Powell, Jr., William H. Rehnquist (writing for the Court), John Paul Stevens, Potter Stewart, Byron R. White
Justices Dissenting
None
Place
Washington, D.C.
Date of Decision
21 June 1978
Decision
That there is no "murder scene" exception to the requirement that police obtain a warrant before searching someone's home, and thus the appellant's conviction was invalid because it was based on evidence seized by the police during a warrantless search of his home.
Related Cases
- United States v. Rabinowitz, 339 U.S. 56 (1950).
- Mapp v. Ohio, 367 U.S. 643 (1961).
- Ker v. California, 374 U.S. 23 (1963).
- Chimel v. California, 395 U.S. 752 (1969).
- Payton v. New York, 445 U.S. 573 (1980).
Further Readings
- Dressler, Joshua. Understanding Criminal Procedure. New York: Matthew Bender & Company, 1991.
- "Killer of Tucson Police Officer Denied Request for Early Parole." Tucson Citizen, July 20, 1995, p. 1C.
- LaFave, Wayne R. Search and Seizure: A Treatise on the Fourth Amendment, 3rd edition. Volume 3. St. Paul, MN: West Publishing Co., 1996
User Comments
3 months ago
This was some very helpful imformation that I needed for school. Thank You
over 3 years ago
Short & to the point, good reference for this case