Berger v. New York
388 U.S. 41 · Decided June 12, 1967 · Supreme Court of the United States
At a glance
Berger v. New York was decided on June 12, 1967 by a vote of 6–3. The Court reversed the lower court's decision. Justice Tom C. Clark wrote the opinion of the Court. SCDB classifies its main issue as “Search and seizure (general)” in the Criminal Procedure area. SCDB codes this decision as formally altering one or more of the Court's own precedents. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 388 U.S. 41 · 87 S. Ct. 1873 · 18 L. Ed. 2d 1040 · 1967 U.S. LEXIS 2964
- Docket number
- 615
- Decided
- June 12, 1967
- Argued
- April 13, 1967
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- Tom C. Clark
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Search and seizure (general)
- Issue area
- Criminal Procedure
- Legal provision
- Fourth Amendment
- Type of law
- Constitutional amendment
- Altered precedent
- Yes — formally altered the Court's precedent
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | Wrote an opinion |
| Justice William O. Douglas | Concurrence | Wrote an opinion |
| Justice Tom C. Clark | Majority | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Special concurrence | Wrote an opinion |
| Justice Byron R. White | Dissent | Wrote an opinion |
| Justice Abe Fortas | Majority |
Full case caption
Berger v. New York
SCDB identifiers: case 1966-122, docket 1966-122-01.
Related decisions
Other cases on “Search and seizure (general)”
- Hadley v. Massachusetts
- Camara v. Municipal Court of the City and County of San FranciscoAltered precedentLaw held unconstitutional
- See v. City of SeattleLaw held unconstitutional
- Warden v. HaydenAltered precedent
- Hoffa v. United States
- McCray v. Illinois
Cases on the same legal provision: Fourth Amendment
- Cooper v. California
- Harris v. United States
- Desist v. United States
- Kaiser v. New York
- Chambers v. Maroney
- Perini v. Colosimo
Same Term, same area (Criminal Procedure)
- Black v. United States
- Cichos v. Indiana
- O'Connor v. Ohio
- Lewis v. United States
- United States v. Fabrizio
- Hoffa v. United States
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error