WARDEN v. HAYDEN

No. 480.

387 U.S. 294 (1967)

WARDEN, MARYLAND PENITENTIARY v. HAYDEN.

Supreme Court of United States.

Decided May 29, 1967.


Attorney(s) appearing for the Case

Franklin Goldstein, Assistant Attorney General of Maryland, argued the cause for petitioner. With him on the brief was Francis B. Burch, Attorney General.

Albert R. Turnbull, by appointment of the Court, 385 U.S. 985, argued the cause and filed a brief for respondent, pro hac vice, by special leave of Court.

Ralph S. Spritzer, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Solicitor General Marshall, Assistant Attorney General Vinson, Nathan Lewin and Beatrice Rosenberg.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

We review in this case the validity of the proposition that there is under the Fourth Amendment a "distinction between merely evidentiary materials, on the one hand, which may not be seized either under the authority of a search warrant or during the course of a search incident to arrest, and on the other hand, those objects which may validly be seized including the...

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