Cupp V Murphy

October 2, 2012 Case Brief Cupp v spud  412 U.S. 291 (1973) Facts: Daniel Murphy was convicted of clear-cut uping his wife in the second degree. After he support out of the slay he c all tolded the patrol and voluntarily submitted himself to skeptical. In the middle of his questioning the police noniced a dark bite on his finger and they asked if they could get a type 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) tack together out there was traces of his wifes nightgown, skin, and blood all from the deceased victim. The manifest was thusly admitted at trial. Murphy hence 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 without his leave was un lawful. 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 prescribed arrest therefore it technically could also be allowed. on a lower floor these circumstances, the police are justified in subjecting him to the precise confine search and seizure to preserve the evidence they found under his fingernail. Notes * Dont need search authorisation for fingerprints, voice, mitt * S earch to take place because of probable caus! e, not a full search b/c not arrested. particular search to protect evidence Warren case * slide fastener point wrong with going inside the house *If you pauperism to get a full essay, order it on our website: BestEssayCheap.com

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