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Gelbard v. United States

408 U.S. 41 · Decided June 26, 1972 · 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

Gelbard v. United States was decided on June 26, 1972 by a vote of 5–4. The Court reversed the lower court's decision and remanded the case. Justice William J. Brennan Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Search and seizure, Crime Control Act” in the Criminal Procedure area.

Read the opinion

Case details

Citations
408 U.S. 41 · 92 S. Ct. 2357 · 33 L. Ed. 2d 179 · 1972 U.S. LEXIS 103
Docket number
71-110
Decided
June 26, 1972
Argued
March 27, 1972
Court era
Burger Court
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed and remanded
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
5–4
Majority opinion
William J. Brennan Jr.
Opinion assigned by
William O. Douglas
How the case arrived
Certiorari
Legal provision
Federal crime control and firearms statutes
Type of law
Federal statute
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William O. DouglasConcurrenceWrote an opinion
Justice William J. Brennan Jr.MajorityWrote an opinion
Justice Potter StewartMajority
Justice Byron R. WhiteConcurrenceWrote an opinion
Justice Thurgood MarshallMajority
Chief Justice Warren E. BurgerDissent
Justice Harry A. BlackmunDissent
Justice Lewis F. Powell Jr.Dissent
Justice William H. RehnquistDissentWrote an opinion

Full case caption

Gelbard et al. v. United States

SCDB identifiers: case 1971-160, docket 1971-160-01.

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Cases on the same legal provision: Federal crime control and firearms statutes

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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