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
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
- Issue (SCDB)
- Search and seizure (general)
- Issue area
- Criminal Procedure
- 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
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Special concurrence | Wrote an opinion |
| Justice Felix Frankfurter | Majority | |
| Justice William O. Douglas | Special concurrence | |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | Wrote an opinion |
| Justice Charles E. Whittaker | Majority | |
| Justice Potter Stewart | Majority |
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.
Related decisions
Other cases on “Search and seizure (general)”
- Mapp v. OhioAltered precedent
- Chapman v. United States
- Silverman v. United States
- Wilson v. Schnettler
- Pugach v. Dollinger
- Elkins v. United StatesAltered precedent
Cases on the same legal provision: 28 U.S.C. § 1257
- Lathrop v. Donohue
- Rohr Aircraft Corp. v. County of San DiegoLaw held unconstitutional
- Raley v. Ohio
- Burns v. Ohio
- Anonymous Nos. 6 and 7 v. Baker
- Gotthilf v. Sills
Same Term, same area (Criminal Procedure)
- Scott v. California
- Reina v. United States
- Callanan v. United States
- Carbo v. United States
- Campbell v. United States
- McNeal v. Culver
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