Cupp V Murphy

October 2, 2012 Case Brief Cupp v spud  412 U.S. 291 (1973) Facts: Daniel Murphy was convicted of scant(p) uping his wife in the second degree. After he bet out of the slaying he c anyed the patrol and voluntarily submitted himself to skeptical. In the middle of his questioning the police noniced a dark short letter on his finger and they asked if they could get a exemplification and he refused. The police did non respect his wishes and they took the sample anyways of what was under his fingernail. They processed it and later(prenominal) plant out there was traces of his wifes nightgown, skin, and blood all from the deceased victim. The manifest was therefore(prenominal) admitted at trial. Murphy then proceeded to appeal his conviction stating that they conducted an unlawful search and seizure which goes against his quaternary and 14th amendment rights. Issue: Whether the taking of the substance underneath the defendants fingernail without his lic ense was unlawful. 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 orb arrest therefore it technically could also be allowed. nether these circumstances, the police are justified in subjecting him to the precise special search and seizure to preserve the evidence they found under his fingernail. Notes * Dont need search authorisation for fingerprints, voice, handwrite * Search to ta ke place because of probable cause, not a fu! ll search b/c not arrested. curb search to protect evidence Warren case * cypher point wrong with going inside the house *If you take to get a full essay, order it on our website: OrderCustomPaper.com

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