Wainwright v. City of New Orleans

Media Items
Oral Argument, Part 1
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Oral Argument, Part 2
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Advocates
Richard C. Seither (Argued the cause for the respondent)
Melvin L. Wulf (Argued the cause for the petitioner)
Case Basics
Docket No.: 
13
Petitioner: 
Wainwright
Respondent: 
City of New Orleans
Decided By: 
Warren Court (1967-1969)
Opinion: 
392 U.S. 598 (1968)
Argued: 
October 9-10, 1967

Cite this page
The Oyez Project, Wainwright v. City of New Orleans , 392 U.S. 598 (1968)
available at: (http://oyez.org/cases/1960-1969/1967/1967_13)
Facts of the Case: 

On October 12, 1964, Wainwright, a student at Tulane University Law School, was out walking around midnight. Two New Orleans Police Department officers stopped him because, in their opinion, he fitted the description of a man suspected of murder. Wainwright told the officers he had identification at home, but not on his person. The officers then asked Wainwright to remove this jacket so that they could search him for a tattoo that the suspected murdered had on his left arm. Wainwright ultimately refused to do so after trying to walk away and some mild verbal sparing. The officers then arrested him on a charge of vagrancy by loitering and frisked him. After Wainwright continued to refuse to remove his jacket at the police station, officers used force to remove it and discovered that he had no tattoo.

Question: 

Must a person who is unconstitutionally arrested submit to a search of his person? May he offer token resistance?

Conclusion: 

In a per curiam opinion, the Court dismissed the writ of certiorari as improvidently granted.

Decisions

Decision: 7 votes for City of New Orleans, 1 vote(s) against
Legal provision: Writ Improvidently Granted

Sort by Ideology

Wrote a jurisdictional dissent
Warren
Voted with the majority
Black
Wrote a dissent
Douglas
Wrote a regular concurrence
Harlan
Voted with the majority
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Wrote a regular concurrence
Fortas
Voted with the majority, joined Fortas' concurrence
Marshall

Per Curiam with Argument