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ELKINS V. UNITED STATES, 364 U. S. 206 (1960)

U.S. Supreme Court

Elkins v. United States, 364 U.S. 206 (1960)

Elkins v. United States

No. 126

Argued March 28-29, 1960

Decided June 27, 1960

364 U.S. 206


1. Evidence obtained by state officers during a search which, if conducted by federal officers, would have violated the defendant's immunity from unreasonable searches and seizures under the Fourth Amendment is inadmissible over the defendant's timely objection in a federal criminal trial, even when there was no participation by federal officers in the search and seizure. Pp. 364 U. S. 206-224.

2. In determining whether there has been an unreasonable search and seizure by state officers, a federal court must make an independent inquiry, whether or not there has been such an inquiry by a state court and irrespective of how any such inquiry may have turned out. Pp. 364 U. S. 223-224.

3. The test is one of federal law, neither enlarged by what one state court may have countenanced nor diminished by what another may have colorably suppressed. P. 364 U. S. 224.

266 F.2d 588, judgment vacated and case remanded.

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