Opinion

Dyke v. Taylor Implement Manufacturing Co.

  • 391 U.S. 216
  • 88 S. Ct. 1472
  • 20 L. Ed. 2d 538
  • 1968 U.S. LEXIS 1632
Court
Supreme Court of the United States
Filed
May 20, 1968
Status
Published
Author
Harlan
On the bench
White, Harlan, Black, Stewart, Douglas
Cited by
370 cases

search of car after occupant placed in custody and taken to courthouse not valid as incident to arrest

How later courts described this case

  • search of car after occupant placed in custody and taken to courthouse not valid as incident to arrest
  • "The cases . . . have . . . always insisted that the officers conducting the search have 'reasonable or probable cause' to believe that they will find the instrumentality of a crime or evidence pertaining to a crime before they begin their warrantless search"
  • alleged criminal contemnors not entitled to jury trials under federal constitution where maximum penalty is within “petty offense” limit
  • search of vehicle held not pursuant to arrest when vehicle was parked outside jail to which arrestee had been taken

Written by the judges who cited it.

The opinion

Mr. Justice Harlan,

whom Mr. Justice Stewart joins,

concurring.

I concur in the judgment in this case, and in that part of the Court’s opinion dealing with the admission at petitioners’ trial of evidence produced by an unlawful search.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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