The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Wednesday, January 11, 1950
Decision: Monday, February 20, 1950

Advocates

Not available

Facts of the Case

FBI agents arrested Rabinowitz in his one-room office. Rabinowitz was charged with selling and possessing forged government stamps. The officers searched his office without a search warrant and seized the stamps. The stamps were introduced as evidence. Rabinowitz was convicted. He appealed.

Question

Did the search violate the Fourth Amendment warrant requirement?

Conclusion

The Fourth Amendment permits a warrantless search incident to a lawful arrest. The search may be of the person arrested and of the premises where the arrest occurs.

Supreme Court Justice Opinions and Votes (by Ideology)

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(More information here)
Decision: 5 - 3
Voted with the minority, authored a dissent
Black
Did not participate
Douglas
Voted with the minority, authored a dissent
Frankfurter
Voted with the minority, joined Frankfurter's dissent
Jackson
Voted with the majority, joined Minton's opinion
Burton
Voted with the majority, joined Minton's opinion
Clark
Voted with the majority, joined Minton's opinion
Reed
Voted with the majority, joined Minton's opinion
Vinson
Voted with the majority, authored an opinion
Minton

Cite this page

The Oyez Project, United States v. Rabinowitz, 339 U.S. 56 (1950),
available at: <http://www.oyez.org/cases/1940-1949/1949/1949_293/>
(last visited ).