CaseTrail

Berger v. New York

388 U.S. 41 · Decided June 12, 1967 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

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
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

JusticeVoteSeparate writing
Justice Hugo L. BlackDissentWrote an opinion
Justice William O. DouglasConcurrenceWrote an opinion
Justice Tom C. ClarkMajorityWrote an opinion
Chief Justice Earl WarrenMajority
Justice John M. Harlan IIDissentWrote an opinion
Justice William J. Brennan Jr.Majority
Justice Potter StewartSpecial concurrenceWrote an opinion
Justice Byron R. WhiteDissentWrote an opinion
Justice Abe FortasMajority

Full case caption

Berger v. New York

SCDB identifiers: case 1966-122, docket 1966-122-01.

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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