cupp
murphy
argued
march
decided
may
respondent
protest
without
warrant
police
course
questioning
connection
murder
took
samples
respondent
fingernails
discovered
evidence
used
convict
respondent
come
station
house
voluntarily
arrested
although
detained
probable
cause
believe
committed
murder
reversing
district
denial
habeas
corpus
appeals
concluded
absent
arrest
exigent
circumstances
search
unconstitutional
held
view
detention
upon
probable
cause
limited
intrusion
undertaken
preserve
highly
evanescent
evidence
violative
fourth
fourteenth
amendments
pp
reversed
stewart
delivered
opinion
burger
white
marshall
blackmun
powell
rehnquist
joined
white
filed
concurring
statement
post
marshall
filed
concurring
opinion
post
blackmun
filed
concurring
opinion
burger
joined
post
powell
filed
concurring
opinion
burger
rehnquist
joined
post
douglas
post
brennan
post
filed
opinions
dissenting
part
thomas
denney
assistant
attorney
general
oregon
argued
cause
petitioner
brief
lee
johnson
attorney
general
john
osborn
solicitor
general
howard
lonergan
argued
cause
filed
brief
respondent
alan
ganz
frank
carrington
ronald
sherk
fred
inbau
filed
brief
americans
effective
law
enforcement
et
al
amici
curiae
urging
reversal
melvin
wulf
burt
neuborne
joel
gora
filed
brief
american
civil
liberties
union
amicus
curiae
urging
affirmance
justice
stewart
delivered
opinion
respondent
daniel
murphy
convicted
jury
oregon
murder
wife
victim
died
strangulation
home
city
portland
abrasions
lacerations
found
throat
sign
robbery
word
murder
sent
respondent
living
wife
upon
receiving
message
murphy
promptly
telephoned
portland
police
voluntarily
came
portland
questioning
shortly
respondent
arrival
station
house
met
retained
counsel
police
noticed
dark
spot
respondent
finger
suspecting
spot
might
dried
blood
knowing
evidence
strangulation
often
found
assailant
fingernails
police
asked
murphy
take
sample
scrapings
fingernails
refused
protest
without
warrant
police
proceeded
take
samples
turned
contain
traces
skin
blood
cells
fabric
victim
nightgown
incriminating
evidence
admitted
trial
respondent
appealed
conviction
claiming
fingernail
scrapings
product
unconstitutional
search
fourth
fourteenth
amendments
oregon
appeals
affirmed
conviction
app
denied
certiorari
murphy
commenced
present
action
federal
habeas
corpus
relief
district
unreported
decision
denied
habeas
petition
appeals
ninth
circuit
reversed
appeals
assumed
presence
probable
cause
search
arrest
held
absence
arrest
exigent
circumstances
search
unconstitutional
granted
certiorari
consider
constitutional
question
presented
trial
oregon
appeals
federal
district
agreed
police
probable
cause
arrest
respondent
time
detained
scraped
fingernails
oregon
appeals
said
time
detectives
took
scrapings
knew
bedroom
wife
found
dead
showed
signs
disturbance
fact
tended
indicate
killer
known
victim
rather
burglar
stranger
decedent
son
person
house
night
fingernails
made
lacerations
observed
victim
throat
defendant
deceased
wife
stormy
marriage
get
along
well
defendant
fact
home
night
murder
left
drove
back
central
oregon
claiming
enter
house
see
wife
volunteered
great
deal
information
without
asked
yet
expressed
concern
curiosity
wife
fate
ore
also
undisputed
police
obtain
arrest
warrant
formally
arrest
respondent
term
understood
oregon
law
respondent
detained
long
enough
take
fingernail
scrapings
formally
arrested
approximately
one
month
later
nevertheless
detention
respondent
constituted
seizure
person
fourth
amendment
guarantee
freedom
unreasonable
searches
seizures
clearly
implicated
cf
dionisio
terry
ohio
said
davis
mississippi
nothing
clear
fourth
amendment
meant
prevent
wholesale
intrusions
upon
personal
security
citizenry
whether
intrusions
termed
arrests
investigatory
detentions
davis
held
fingerprints
obtained
brief
detention
persons
seized
police
dragnet
procedure
without
probable
cause
inadmissible
evidence
though
recognized
fingerprinting
involves
none
probing
individual
private
life
thoughts
marks
interrogation
search
held
detention
case
violative
fourth
fourteenth
amendments
investigatory
seizures
subject
unlimited
numbers
innocent
persons
harassment
ignominy
incident
involuntary
detention
respondent
case
like
davis
briefly
detained
station
house
yet
three
courts
found
probable
cause
believe
respondent
committed
murder
vice
detention
davis
therefore
absent
case
us
cf
dionisio
supra
inquiry
end
however
murphy
subjected
search
well
seizure
person
unlike
fingerprinting
davis
voice
exemplar
obtained
dionisio
supra
handwriting
exemplar
obtained
mara
search
respondent
fingernails
went
beyond
mere
physical
characteristics
constantly
exposed
public
dionisio
supra
constituted
type
severe
though
brief
intrusion
upon
cherished
personal
security
subject
constitutional
scrutiny
terry
ohio
supra
believe
search
constitutionally
permissible
principles
chimel
california
chimel
stands
long
line
cases
recognizing
exception
warrant
requirement
search
incident
valid
arrest
basis
exception
arrest
made
reasonable
police
officer
expect
arrestee
use
weapons
may
attempt
destroy
incriminating
evidence
possession
recognized
chimel
scope
warrantless
search
must
commensurate
rationale
excepts
search
warrant
requirement
thus
warrantless
search
incident
arrest
held
chimel
must
limited
area
arrestee
might
reach
formal
arrest
case
us
person
might
well
less
hostile
police
less
likely
take
conspicuous
immediate
steps
destroy
incriminating
evidence
person
since
knows
going
released
might
likely
instead
concerned
diverting
attention
away
accordingly
hold
full
chimel
search
justified
case
without
formal
arrest
without
warrant
respondent
subjected
search
time
murphy
detained
station
house
obviously
aware
detectives
suspicions
though
full
warning
official
suspicion
formal
arrest
provides
murphy
sufficiently
apprised
suspected
role
crime
motivate
attempt
destroy
evidence
without
attracting
attention
testimony
trial
indicated
refused
consent
taking
fingernail
samples
put
hands
behind
back
appeared
rub
together
put
hands
pockets
metallic
sound
keys
change
rattling
heard
rationale
chimel
circumstances
justified
police
subjecting
limited
search
necessary
preserve
highly
evanescent
evidence
found
fingernails
cf
schmerber
california
facts
case
considering
existence
probable
cause
limited
intrusion
undertaken
incident
station
house
detention
ready
destructibility
evidence
say
search
violated
fourth
fourteenth
amendments
accordingly
judgment
appeals
reversed
footnotes
stated
terry
ohio
inquiry
dual
one
whether
officer
action
justified
inception
whether
reasonably
related
scope
circumstances
justified
interference
first
place
justice
marshall
concurring
join
opinion
brother
stewart
murphy
freedom
movement
unquestionably
limited
police
acquiesce
refusal
permit
take
scrapings
fingernails
detention
although
seizure
person
protected
fourth
amendment
amount
arrest
oregon
law
see
rev
stat
police
understanding
example
take
murphy
promptly
magistrate
detention
state
law
requires
arrest
said
however
quite
plain
fourth
amendment
governs
seizures
person
eventuate
trip
station
house
prosecution
crime
arrests
traditional
terminology
must
recognized
whenever
police
officer
accosts
individual
restrains
freedom
walk
away
seized
person
terry
ohio
see
also
sibron
new
york
murphy
argues
however
detention
unlawful
police
satisfy
general
requirement
authorization
judicial
officer
obtained
advance
detention
davis
mississippi
see
also
terry
ohio
supra
officer
saw
dark
spot
murphy
thumbnail
remembered
seen
lacerations
throat
deceased
reason
detain
murphy
limited
purpose
taking
fingernail
scrapings
brought
murphy
attention
interest
taking
scrapings
dealing
suspect
alerted
desire
police
inspect
fingernails
point
way
preserve
status
quo
warrant
sought
good
reason
believe
murphy
might
attempt
alter
status
quo
unless
prevented
police
assure
preservation
evidence
simply
placing
murphy
close
surveillance
nature
evidence
purposes
fourth
amendment
analysis
detaining
warrant
sought
much
seizure
detaining
fingernails
scraped
fourth
amendment
permits
police
specific
articulable
facts
may
infer
person
suspect
commit
crime
armed
dangerous
terry
ohio
supra
also
permits
detention
police
probable
cause
arrest
take
fingernail
scrapings
circumstances
case
murphy
argument
course
troublesome
one
police
done
take
fingernail
scrapings
inclined
hold
search
illegal
general
principle
law
fourth
amendment
scope
search
must
strictly
limited
terms
circumstances
justify
search
see
terry
ohio
supra
chimel
california
person
detained
arrested
detention
must
justified
particularized
police
interests
desire
initiate
criminal
proceeding
person
detain
police
therefore
investigate
circumstances
occasion
detention
case
police
limited
intrusion
precisely
area
led
restrict
murphy
freedom
searched
extensively
might
arrest
occurred
indeed
view
fourth
amendment
barred
extensive
search
police
reason
believe
murphy
person
evidence
relating
crime
light
fact
case
involved
strangulation
weapon
might
use
station
house
realize
exceptions
warrant
requirement
may
established
powerful
hydraulic
pressures
bear
heavily
water
constitutional
guarantees
terry
ohio
supra
douglas
dissenting
pressures
may
lead
later
expansion
exceptions
beyond
narrow
confines
cases
established
adams
williams
marshall
dissenting
say
precise
circumstances
case
police
violated
fourth
amendment
detaining
murphy
limited
purpose
scraping
fingernails
emphasize
opinion
search
conducted
incident
detention
extremely
narrow
scope
scope
tied
closely
reasons
justifying
detention
understanding
join
opinion
justice
blackmun
chief
justice
joins
concurring
today
permits
search
evidence
without
arrest
circumstances
probable
cause
arrest
existed
officers
reasonable
cause
believe
evidence
respondent
person
evidence
highly
destructible
however
restricts
permissible
quest
limited
search
necessary
preserve
highly
evanescent
evidence
found
respondent
fingernails
join
opinion
understanding
says
applies
arrest
made
far
different
factors
view
govern
permissible
scope
search
incident
lawful
arrest
thus
case
require
us
determine
whether
police
required
obtain
warrant
murphy
arrest
relevant
time
cf
jones
coolidge
new
hampshire
appeals
assumed
probable
cause
arrest
proceed
assumption
agree
justice
white
question
probable
cause
arrest
open
remand
justice
douglas
suggests
taking
fingernail
scrapings
might
violate
fifth
amendment
privilege
view
however
privilege
confined
situations
evidence
secured
state
defendant
affirmative
cooperation
dionisio
marshall
dissenting
justice
powell
chief
justice
justice
rehnquist
join
concurring
case
district
appeals
entertained
habeas
corpus
attack
upon
state
conviction
ground
evidence
seized
violation
fourth
amendment
wrongly
admitted
state
trial
reasons
set
forth
concurring
opinion
schneckloth
bustamonte
ante
think
claim
properly
available
federal
habeas
corpus
extent
ascertaining
whether
prisoner
afforded
fair
opportunity
raise
adjudicated
question
state
courts
today
however
reaches
merits
respondent
fourth
amendment
claim
merits
join
opinion
justice
douglas
dissenting
part
agree
exigent
circumstances
existed
making
likely
fingernail
scrapings
suspect
murphy
might
vanish
free
move
police
therefore
justified
detaining
search
warrant
sought
magistrate
none
sought
holds
probable
cause
search
arrest
making
warrant
unnecessary
whether
probable
cause
difficult
determine
record
question
appeals
never
reached
therefore
remand
determination
question
question
clouded
mind
police
arrest
murphy
month
later
case
covered
chimel
california
relies
chimel
arrest
made
oregon
defines
arrest
taking
person
custody
may
held
answer
crime
rev
stat
arrest
made
month
murphy
fingernails
scraped
stated
johnson
state
law
determines
validity
arrests
without
warrant
case
therefore
fours
davis
mississippi
suspect
detained
sole
purpose
obtaining
fingerprints
time
police
detaining
charge
crime
like
seizure
case
davis
involved
investigative
seizure
davis
terry
ohio
rejected
view
fourth
amendment
limit
police
conduct
officers
stop
short
something
called
technical
arrest
search
reason
arrest
murphy
made
day
fingernails
scraped
creates
nagging
doubt
probable
cause
make
arrest
reach
conclusion
month
later
murphy
allowed
roam
free
man
next
month
evolving
pattern
conspiracy
offense
might
induce
police
turn
suspect
loose
order
tail
see
suspects
brought
net
circumstances
present
decision
made
today
comes
fear
suspicion
basis
search
person
without
warrant
yet
probable
cause
requirement
fourth
amendment
applicable
reason
fourteenth
amendment
mapp
ohio
suspicion
never
sufficient
warrantless
search
save
narrow
situation
searches
incident
arrest
involved
chimel
exception
designed
see
schmerber
california
protect
officer
assaults
weapons
within
easy
reach
accused
save
evidence
within
narrow
zone
destruction
however
case
warrant
might
sought
therefore
governed
rule
rights
person
unlawful
search
seizure
protected
even
result
might
achieved
lawful
way
silverthorne
lumber
warrant
issued
police
held
coolidge
new
hampshire
warrant
must
issued
neutral
detached
magistrate
required
constitution
see
mancusi
deforte
stated
johnson
right
privacy
must
reasonably
yield
right
search
rule
decided
judicial
officer
policeman
government
enforcement
agent
case
officers
smelling
opium
asked
entrance
given
entry
discovering
accused
sole
occupant
police
arrested
thus
government
obliged
justify
arrest
search
time
justify
search
arrest
either
boyd
stated
fourth
amendment
closely
related
clause
fifth
warrantless
search
suspicion
today
sustained
gives
police
evidence
otherwise
protected
clause
fifth
amendment
regard
boyd
said
fourth
fifth
amendments
run
almost
went
say
unreasonable
searches
seizures
condemned
fourth
amendment
almost
always
made
purpose
compelling
man
give
evidence
criminal
cases
condemned
fifth
amendment
compelling
man
criminal
case
witness
condemned
fifth
amendment
throws
light
question
unreasonable
search
seizure
within
meaning
fourth
amendment
unable
perceive
seizure
man
private
books
papers
used
evidence
substantially
different
compelling
witness
think
within
clear
intent
meaning
terms
said
incriminating
evidence
found
suspect
fingernails
see
rochin
california
moreover
fourth
amendment
guarantees
right
people
secure
persons
scraping
man
fingernails
invasion
privacy
tolerable
constitutionally
speaking
warrant
search
seizure
issued
magistrate
showing
probable
cause
suspect
committed
crime
time
get
warrant
murphy
detained
one
sought
detention
preserved
perishable
evidence
police
sought
suspect
loose
get
rid
suspect
closely
detained
warrant
obtained
plainly
approval
shortcut
taken
avoid
fourth
fifth
amendments
may
typical
age
erosions
constitutional
guarantees
usually
start
slowly
dramatic
onsets
stated
boyd
illegitimate
unconstitutional
practices
get
first
footing
silent
approaches
slight
deviations
legal
modes
procedure
issue
probable
cause
considered
appeals
record
us
arguments
based
say
probable
cause
arrest
search
since
arrest
came
month
delay
weight
put
scales
turn
suspicion
probable
cause
murphy
conviction
jury
based
illegally
obtained
evidence
simple
way
making
end
justify
means
principle
wholly
war
constitutionally
enshrined
adversary
system
brother
marshall
says
privilege
confined
cases
evidence
obtained
defendant
cooperation
extends
even
boundaries
set
schmerber
california
involving
forced
giving
blood
brother
marshall
disagrees
dionisio
justice
brennan
dissenting
part
without
effecting
arrest
without
first
seeking
obtain
search
warrant
magistrate
police
decided
scrape
respondent
fingernails
destructible
evidence
upholding
search
engrafts
another
albeit
limited
exception
warrant
requirement
take
serious
step
legitimating
even
limited
searches
merely
upon
probable
cause
without
warrant
incident
arrest
first
certain
probable
cause
fact
existed
brother
douglas
convincingly
demonstrates
hether
probable
cause
difficult
determine
record
ante
since
appeals
consider
question
proper
course
remand
might
decide
first
instance
whether
probable
cause
arrest
search
simply
need
decide
upon
disputed
record
stage
litigation
whether
instant
search
permissible
probable
cause
existed