Cupp v. Murphy
United States Supreme Court
412 U.S. 291, 93 S. Ct. 2000, 36 L. Ed. 2d 900 (1973)
- Written by Robert Cane, JD
Facts
Daniel Murphy (defendant) was convicted of murdering his wife. Murphy voluntarily went to the Portland police station for questioning. During this questioning, police noticed a dark spot on Murphy’s finger and asked whether they could take samples of scrapings from his fingernails. Murphy refused and put his hands behind his back and rubbed them together. Then he put his hands into his pockets, and police heard a metallic sound. The police seized Murphy and took samples from his fingernails. The police did not have a warrant. The samples contained traces of the skin and blood cells of Murphy’s wife. The evidence was admitted at trial, and Murphy was convicted of second-degree murder. After his convictions were affirmed on direct appeal, Murphy filed a federal habeas corpus action. The district court denied Murphy’s habeas petition. The court of appeals reversed, holding that the search was unconstitutional in the absence of an arrest or other exigent circumstances under the Fourth Amendment to the United States Constitution. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Stewart, J.)
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