Andresen v. Maryland
Andresen v. Maryland, 427 U.S. 463 (1976), was a United States Supreme Court case in which the Court held that search of petitioner's offices for business records, their seizure, and subsequent introduction into evidence did not offend the Fifth Amendment's proscription that “[n]o person … shall be compelled in any criminal case to be a witness against himself.” Although the records seized contained statements that petitioner voluntarily had committed to writing, he was never required to say anything.
| Andresen v. Maryland | |
|---|---|
 | |
| Argued February 25, 1976 Decided June 29, 1976 | |
| Full case name | Peter C. Andresen, Petitioner v. State of Maryland |
| Citations | 427 U.S. 463 (more) 96 S. Ct. 2737; 49 L. Ed. 2d 627 |
| Argument | Oral argument |
| Case history | |
| Prior | Certiorari to the Court of Special Appeals of Maryland |
| Holding | |
| The searches and seizures were not "unreasonable" in violation of the Fourth Amendment. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Blackmun, joined by Burger, Stewart, White, Powell, Rehnquist, Stevens |
| Dissent | Brennan |
| Dissent | Marshall |
| Laws applied | |
| U.S. Const. amend. IV | |
See also
- United States v. Miller, 425 U.S. 435 (1976)
- Fisher v. United States, 425 U.S. 391 (1976)
Further reading
- Brennan, William J. (1977). "State Constitutions and the Protection of Individual Rights". Harvard Law Review. The Harvard Law Review Association. 90 (3): 489–504. doi:10.2307/1340334. JSTOR 1340334.
- Lee, H. (1976). "Private Papers Now Subject to Reasonable Search and Seizure—Andresen v. Maryland". DePaul Law Review. 26: 848. ISSN 0011-7188.
- Pidgeon, Mary Ann Kenny (1978). "Miller, Fisher and Andresen: Assistance for Investigations of White Collar Crime". Criminal Justice Quarterly. 6: 38. ISSN 0092-3907.
- Posen, S. O. (1976). "A Paper Chase: The Search and Seizure of Personal Business Records". Brooklyn Law Review. 43: 489. ISSN 0007-2362.
External links
- Text of Andresen v. Maryland, 427 U.S. 463 (1976) is available from: Justia Library of Congress Oyez (oral argument audio)
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