Legal Opinion · Dissent

James Alonzo Draper v. United States

Court of Appeals for the Tenth Circuit

Decided October 23, 1957No. 5593_1Published

1DissentHuxman, Circuit Judge

The sole question in this case is whether the arrest and subsequent search of Draper without a warrant violated the Fourth Amendment to the United States Constitution which provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

At the outset it might be well to review some of the fundamental principles of…

2Cases cited14 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. McDonald v. United StatesSupreme Court of the United States · 1948
  4. Byars v. United StatesSupreme Court of the United States · 1927
  5. McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API