Legal Opinion
Herbert v. State
Court of Special Appeals of Maryland
Decided October 7, 1970No. 570, September Term, 1969PublishedCited by 21 opinions
1Opinion of the CourtOrth, J.
These two appeals in one record present a question of .law: does the Fourth Amendment protection against unreasonable searches and seizures apply only to govern mental action? We find that it does. This finding poses a question of fact: was the seizure of the challenged evidence in these cases by governmental action? We find that it was not. Therefore we hold that the evidence was properly admitted and affirm the judgments.
THE LAW
Amendment IV to the Constitution of the United States, one of ten amendments proposed by Congress on 25 September 1789 and declared ratified on 15 December 1791,…
2Cases cited18 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Elkins v. United StatesSupreme Court of the United States · 1960
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. BrzezinskiMassachusetts Supreme Judicial Court · 1989
- Bowers v. StateCourt of Appeals of Maryland · 1983
- State v. CollinsCourt of Appeals of Maryland · 2002
- State v. HamiltonCourt of Special Appeals of Maryland · 1972
- United States v. MorrisonUnited States Court of Military Appeals · 1982
16 more not listed; retrieve them via the Exa API.