Opinion

Mancusi v. DeForte

  • 392 U.S. 364
  • 68 L.R.R.M. (BNA) 2449
  • 88 S. Ct. 2120
  • 20 L. Ed. 2d 1154
  • 1968 U.S. LEXIS 3075
Court
Supreme Court of the United States
Filed
Jun 17, 1968
Status
Published
Author
White
On the bench
Harlan, Black, White, Stewart
Cited by
623 cases

holding that the occupant of an office has standing to challenge warrantless search of his office because entitled to expect only invitees to enter his office

How later courts described this case

  • holding that the occupant of an office has standing to challenge warrantless search of his office because entitled to expect only invitees to enter his office
  • holding that an employee could reasonably have expected that documents stored in a shared office "would not be touched except with the[ ] permission [of co-occupants of the office] or that of [workplace supervisors]"
  • suggesting that consent by employee’s supervisors could validate search when employee worked in “one large room, which he shared with several other union officials” and the employee did not claim that the records at issue were taken from a “part reserved for his exclusive personal use”
  • holding *950 that the occupant of an office has standing to challenge warrantless search of his office because entitled to expect only invitees to enter his office

Written by the judges who cited it.

Distinguished

  • Distinguished by George E. Apostol v. Eliot Landau, Mark Gallion, and Chris Haloulos, 957 F.2d 339 (1992)

    The one decision factually similar to the case before us—Mancusi v. Deforte, 392 U.S. 364, 88 S.Ct. 2120, 20 L.Ed.2d 1154 (1968)—is distinguishable.
    Court of Appeals for the Seventh CircuitJun 8, 1992Read it

The opinion

Mr. Justice White,

dissenting.

Although the Fourth Amendment perhaps protects the individual’s private desk in a union office shared with other officers or employees, I dissent from the Court’s extension of the protected area to the office door.

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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