ALLEN v. McCURRY

No. 79-935.

449 U.S. 90 (1980)

ALLEN ET AL. v. McCURRY.

Supreme Court of United States.

Decided December 9, 1980.


Attorney(s) appearing for the Case

John J. FitzGibbon argued the cause for petitioners. With him on the briefs were Eugene P. Freeman and Robert H. Dierker, Jr.

Jeffrey J. Shank argued the cause and filed a brief for respondent.*

Michael A. Wolff filed a brief for the American Civil Liberties Union of Eastern Missouri as amicus curiae.


JUSTICE STEWART delivered the opinion of the Court.

At a hearing before his criminal trial in a Missouri court, the respondent, Willie McCurry, invoked the Fourth and Fourteenth Amendments to suppress evidence that had been seized by the police. The trial court denied the suppression motion in part, and McCurry was subsequently convicted after a jury trial. The conviction was later affirmed on appeal. State v. McCurry, 587 S.W.2d 337...

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