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- Mancusi_v._DeForte abstract "Mancusi v. DeForte, 392 U.S. 364, is a 1968 decision of the United States Supreme Court on privacy and the Fourth Amendment. It originated in the lower courts as United States ex rel. Frank DeForte, appellant v. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York, appellee, a petition for a writ of habeas corpus by a prisoner who had exhausted all his state appeals. By a 6–3 margin the Court affirmed the United States Court of Appeals for the Second Circuit's reversal of a district court denial of the petition.The prisoner, Frank DeForte, was one of several labor union officials on Long Island who had been convicted of racketeering-related charges connected to a scheme in which they attempted to monopolize the juke box market in the New York Metropolitan area. Early in the investigation, local prosecutors had issued a subpoena duces tecum for records from the union officials. When they refused to comply, the prosecutors went to the union offices themselves and seized the records from the officials' desks themselves. DeForte had been present and voiced his objections. The state later admitted the action was illegal but the documents, which formed the bulk of the case against the officials, were not suppressed at trial. Both the state's appellate court and the New York State Court of Appeals sustained the verdict, and all the defendants went to prison. There they began filing habeas petitions to the federal courts. The first, alleging that the court's orders to the jury to continue deliberating after they had done so for almost 24 hours and twice asked for a break constituted coercion, was denied.DeForte's second, arguing as he had at trial and on his state appeal, that the search of his desk violated his reasonable expectation of privacy and thus his Fourth Amendment rights, was the one the Supreme Court heard. Justice John Marshall Harlan II wrote for the majority that under the Court's recent holding in Katz v. United States, DeForte had a reasonable expectation of privacy over the papers he kept at work even though they were not his personal property and he shared the office with his co-defendants. Nor did the subpoena authorize the prosecutor to act as he might with a search warrant, since the subpoena was not subject to independent judicial review before its execution. In dissent, Hugo Black, who had also dissented in Katz, said he could not find why the Court chose to depart from previous holdings that documents in the possession of one's employer enjoyed no Fourth Amendment protection, and was misreading the cases it relied on.The case is seen as a seminal case in privacy law, since it extended it for the first time to a non-residential space. Lower courts have used it to guide them in distinguishing Fourth Amendment claims into the present day. The Supreme Court has, in later holdings, extended it to include public employees during administrative investigations and considered its application in the context of modern telecommunications.".
- Mancusi_v._DeForte wikiPageExternalLink getcase.pl?court=us&vol=392&invol=364.
- Mancusi_v._DeForte wikiPageExternalLink mancusi-v.
- Mancusi_v._DeForte wikiPageExternalLink scholar_case?case=13609296636737320599&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
- Mancusi_v._DeForte wikiPageExternalLink case.html.
- Mancusi_v._DeForte wikiPageExternalLink mancusi-v-deforte-19991277.
- Mancusi_v._DeForte wikiPageExternalLink argument.
- Mancusi_v._DeForte wikiPageExternalLink opinion.
- Mancusi_v._DeForte wikiPageID "31460021".
- Mancusi_v._DeForte wikiPageRevisionID "579132162".
- Mancusi_v._DeForte arguedate "--04-25".
- Mancusi_v._DeForte argueyear "1968".
- Mancusi_v._DeForte case "Mancusi v. DeForte, 392 U.S. 364".
- Mancusi_v._DeForte citation "172800.0".
- Mancusi_v._DeForte decidedate "--06-17".
- Mancusi_v._DeForte decideyear "1968".
- Mancusi_v._DeForte dissent "Black".
- Mancusi_v._DeForte dissent "White".
- Mancusi_v._DeForte docket "68".
- Mancusi_v._DeForte findlaw getcase.pl?court=us&vol=392&invol=364.
- Mancusi_v._DeForte fullname "United States ex rel. Frank DeForte, appellant v. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York, appellee".
- Mancusi_v._DeForte hasPhotoCollection Mancusi_v._DeForte.
- Mancusi_v._DeForte holding "Documents obtained by prosecutor personally executing subpoena duces tecum from desk of union official were unconstitutionally admitted as evidence in later trial that convicted official of rackeetering-related charges; reasonable expectation of privacy under Fourth Amendment can exist in workplace without possessory interest in same. Second Circuit affirmed.".
- Mancusi_v._DeForte joindissent "Stewart".
- Mancusi_v._DeForte justia case.html.
- Mancusi_v._DeForte lawsapplied Fourth_Amendment_to_the_United_States_Constitution.
- Mancusi_v._DeForte litigants "Mancusi v. DeForte".
- Mancusi_v._DeForte majority "Harlan".
- Mancusi_v._DeForte opinionannouncement opinion.
- Mancusi_v._DeForte oralargument argument.
- Mancusi_v._DeForte otherSource "Google Scholar".
- Mancusi_v._DeForte otherSource "Open Jurist".
- Mancusi_v._DeForte otherUrl mancusi-v.
- Mancusi_v._DeForte otherUrl scholar_case?case=13609296636737320599&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
- Mancusi_v._DeForte prior "17280.0".
- Mancusi_v._DeForte scotus "1967".
- Mancusi_v._DeForte uspage "364".
- Mancusi_v._DeForte usvol "392".
- Mancusi_v._DeForte vlex mancusi-v-deforte-19991277.
- Mancusi_v._DeForte subject Category:1968_in_United_States_case_law.
- Mancusi_v._DeForte subject Category:United_States_Court_of_Appeals_for_the_Second_Circuit_cases.
- Mancusi_v._DeForte subject Category:United_States_Fourth_Amendment_case_law.
- Mancusi_v._DeForte subject Category:United_States_Supreme_Court_cases.
- Mancusi_v._DeForte subject Category:United_States_privacy_case_law.
- Mancusi_v._DeForte type Case.
- Mancusi_v._DeForte type LegalCase.
- Mancusi_v._DeForte type SupremeCourtOfTheUnitedStatesCase.
- Mancusi_v._DeForte type UnitOfWork.
- Mancusi_v._DeForte type Situation.
- Mancusi_v._DeForte comment "Mancusi v. DeForte, 392 U.S. 364, is a 1968 decision of the United States Supreme Court on privacy and the Fourth Amendment. It originated in the lower courts as United States ex rel. Frank DeForte, appellant v. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York, appellee, a petition for a writ of habeas corpus by a prisoner who had exhausted all his state appeals.".
- Mancusi_v._DeForte label "Mancusi v. DeForte".
- Mancusi_v._DeForte sameAs m.0gky8t5.
- Mancusi_v._DeForte sameAs Q6747676.
- Mancusi_v._DeForte sameAs Q6747676.
- Mancusi_v._DeForte wasDerivedFrom Mancusi_v._DeForte?oldid=579132162.
- Mancusi_v._DeForte isPrimaryTopicOf Mancusi_v._DeForte.
- Mancusi_v._DeForte name "United States ex rel. Frank DeForte, appellant v. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York, appellee".