Phelper v. Decker, Sheriff

Supreme Court of the United States

October 17, 1966

Supreme Court of the United States · decided October 17, 1966

Relies on Mapp v. Ohio

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided October 17, 1966

How this case has been cited

Cited by 54 later decisions (2 by the Supreme Court) — most recently March 2002 · most notably Demar v. Open Space & Conservation Commission (1989), Bell v. Southwell (1967)

33 federal appellate · 3 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Charles W. Tessmer and Emmett Colvin, Jr., for petitioner.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.

PER CURIAM.

¶1

The petition for a writ of certiorari is granted. The order of May 5, 1966, denying the motion for a certificate of probable cause is reversed.

¶2

Mr. Justice STEWART concurs for the reasons stated in his separate memorandum in Mapp v. Ohio, 367 U.S. 643, 672, 81 S.Ct. 1684, 6 L.Ed.2d 1081.

¶3

Mr. Justice CLARK, Mr. Justice HARLAN and Mr. Justice WHITE dissent and would deny the petition for a writ of certiorari.