Marshall v. Barlow's, Inc.
436 U.S. 307 · Decided May 23, 1978 · Supreme Court of the United States
At a glance
Marshall v. Barlow's, Inc. was decided on May 23, 1978 by a vote of 5–3. The Court affirmed the lower court's decision. Justice Byron R. White 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 an act of Congress unconstitutional.
Read the opinion
Case details
- Citations
- 436 U.S. 307 · 98 S. Ct. 1816 · 56 L. Ed. 2d 305 · 1978 U.S. LEXIS 26
- Docket number
- 76-1143
- Decided
- May 23, 1978
- Argued
- January 9, 1978
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–3
- Majority opinion
- Byron R. White
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Search and seizure (general)
- Issue area
- Criminal Procedure
- Legal provision
- Fourth Amendment
- Type of law
- Constitutional amendment
- Held unconstitutional
- An act of Congress
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | Wrote an opinion |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Dissent | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Dissent | |
| Justice John Paul Stevens | Dissent | Wrote an opinion |
Did not participate: William J. Brennan Jr..
Full case caption
Marshall, Secretary of Labor, et al. v. Barlow's, Inc.
SCDB identifiers: case 1977-088, docket 1977-088-01.
Related decisions
Other cases on “Search and seizure (general)”
- Michigan v. Tyler
- Zurcher v. Stanford Daily
- Mincey v. Arizona
- Franks v. Delaware
- United States v. Ceccolini
- United States v. New York Telephone Co.
Cases on the same legal provision: Fourth Amendment
- Pennsylvania v. Mimms
- Rakas v. Illinois
- Delaware v. Prouse
- Dalia v. United States
- United States v. Chadwick
- Dunaway v. New York
Same Term, same area (Criminal Procedure)
- Rinaldi v. United States
- Pennsylvania v. Mimms
- United States v. New York Telephone Co.
- Moore v. Illinois
- Smith v. Digmon
- Bordenkircher v. Hayes
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