Welsh v. Wisconsin
1984 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Welsh v. Wisconsin, 466 U.S. 740 (1984), was a 1983 case before the US Supreme Court determining that a warrantless home arrest without exigent circumstances violates the Fourth Amendment protection against unlawful search and seizure.
Quick Facts Welsh v. Wisconsin, Argued October 5, 1983 Decided May 15, 1984 ...
Welsh v. Wisconsin | |
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Argued October 5, 1983 Decided May 15, 1984 | |
Full case name | Edward G. Welsh v. State of Wisconsin |
Docket no. | 82-5466 |
Citations | 466 U.S. 740 (more) 104 S. Ct. 2091; 80 L. Ed. 2d 732; 1984 U.S. LEXIS 82; 52 U.S.L.W. 4581 |
Argument | Oral argument |
Case history | |
Procedural | Certiorari to the Supreme Court of Wisconsin |
Holding | |
Absent exigent circumstances, a warrantless nighttime entry into the home of an individual to arrest him for a civil, nonjailable traffic offense is prohibited by the special protection afforded the individual in his home by the Fourth Amendment. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Marshall, Blackmun, Powell, Stevens, O'Connor |
Concurrence | Blackmun |
Dissent | White, joined by Rehnquist, (Burger would have dismissed the writ) |
Laws applied | |
Fourth Amendment |
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