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Marcus v. Search Warrant of Property at 104 East Tenth Street

367 U.S. 717 · Decided June 19, 1961 · 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

Marcus v. Search Warrant of Property at 104 East Tenth Street was decided on June 19, 1961 unanimously (9–0). 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 (general)” in the Criminal Procedure area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
367 U.S. 717 · 81 S. Ct. 1708 · 6 L. Ed. 2d 1127 · 1961 U.S. LEXIS 813
Docket number
225
Decided
June 19, 1961
Argued
March 30, 1961
Court era
Warren Court
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed and remanded
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
9–0 (unanimous)
Majority opinion
William J. Brennan Jr.
Opinion assigned by
Earl Warren
How the case arrived
Appeal
Legal provision
28 U.S.C. § 1257
Type of law
Infrequently litigated statute
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. BlackSpecial concurrenceWrote an opinion
Justice Felix FrankfurterMajority
Justice William O. DouglasSpecial concurrence
Justice Tom C. ClarkMajority
Chief Justice Earl WarrenMajority
Justice John M. Harlan IIMajority
Justice William J. Brennan Jr.MajorityWrote an opinion
Justice Charles E. WhittakerMajority
Justice Potter StewartMajority

Full case caption

Marcus et al. v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri, et al.

SCDB identifiers: case 1960-135, docket 1960-135-01.

Other cases on “Search and seizure (general)”

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Cases on the same legal provision: 28 U.S.C. § 1257

Same Term, same area (Criminal Procedure)

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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