Opinion

United States v. Harris

  • 403 U.S. 573
  • 91 S. Ct. 2075
  • 29 L. Ed. 2d 723
  • 1971 U.S. LEXIS 18
Court
Supreme Court of the United States
Filed
Jun 28, 1971
Status
Published
Author
Black
On the bench
Mr. Justice Stewart Joins
Cited by
1,526 cases
Authority
More cited than 13.6%

Questioned by United States v. Zucco, 537 F. Supp. 901 (1982)

reasoning, in part, that “[p]eople do not lightly admit a crime and place critical evidence in the hands of the police in the form of their own admissions. Admissions of crime, like admissions against proprietary interests, carry their own indicia of credibility―sufficient at least to support a finding of probable cause to search”

How later courts described this case

  • reasoning, in part, that “[p]eople do not lightly admit a crime and place critical evidence in the hands of the police in the form of their own admissions. Admissions of crime, like admissions against proprietary interests, carry their own indicia of credibility―sufficient at least to support a finding of probable cause to search”
  • stating that “[pjeople do not lightly admit crime and place critical evidence in the hands of the police in the form of their own admissions. Admissions of crime ... carry their own indicia of credibility____”
  • stating that "[p]eople do not lightly admit crime and place critical evidence in the hands of the police in the form of their own admissions. Admissions of crime ... carry their own indicia of credibility...."
  • finding not “especially significant that neither the name nor the person of the informant was produced before the magistrate. The police themselves almost certainly knew his name . . . .”

Written by the judges who cited it.

Later courts went against this

  • Questioned by United States v. Zucco, 537 F. Supp. 901 (1982)

    The vitality of Harris, a plurality opinion, has been questioned by more than one court.
    District Court, W.D. New YorkApr 22, 1982Read it
  • Questioned by Guzewicz v. Commonwealth, 212 Va. 730 (1972)

    403 U.S. 573 (1971) leave us in doubt as to the continuing validity of this aspect of
    Supreme Court of VirginiaMar 6, 1972Read it

Distinguished

  • Distinguished by United States v. Gamboa, 23 C.M.A. 83 (1974)

    United States v Harris, supra, is also distinguishable from the case at bar.
    United States Court of Military AppealsMay 24, 1974Read it

The opinion

Mr. Justice Black,

concurring..

While I join the opinion of The Chief Justice which distinguishes this case from Aguilar v. Texas, 378 U. S. 108 (1964), and Spinelli v. United States, 393 U. S. 410 (1969), I would go further and overrule those two cases arid wipe their holdings from the books for the reasons, among others, set forth in the dissent of Mr. Justice Clark in Aguilar , which I joined, and my dissent in Spinelli .

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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