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FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code (8622 words) |
 | [339 U.S. of the Fourth Amendment but is a judicially created rule of evidence which Congress might negate." In the light of the Wolf case, the Trupiano rule is not a constitutional command, but rather an evidentiary policy adopted by this Court in the exercise of its supervisory powers over federal courts. |
| [339 U.S. plain English, the right to search incident to arrest is merely one of those very narrow exceptions to the "guaranties and immunities which we had inherited from our English ancestors, and which had from time immemorial been subject to certain well-recognized exceptions arising from the necessities of the case." Robertson v. |
| [339 U.S. To tear "unreasonable" from the context and history and purpose of the Fourth Amendment in applying the narrow exception of search as an incident to an arrest is to disregard the reason to which reference must be made when a question arises under the Fourth Amendment. |
| FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code (15667 words) |
| [339 U.S. difficult problem here arises because, in drawing lines on the basis of beliefs and political affiliations, though it may be granted that the proscriptions of the statute bear a reasonable relation to the apprehended evil, Congress has undeniably discouraged the lawful exercise of political freedoms as well. |
| [339 U.S. The contention of petitioner in No. 13 that this Court must find that political strikes create a clear and present danger to the security of the Nation or of widespread industrial strife in order to sustain 9 (h) similarly misconceives the purpose that phrase was intended to serve. |
| [339 U.S. It is contended that the principle that statutes touching First Amendment freedoms must be narrowly drawn dictates that a statute aimed at political strikes should make the calling of such strikes unlawful but should not attempt to bring about the removal of union officers, with its attendant effect upon First Amendment rights. |
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