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Cupp v. Murphy

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eBook details

  • Title: Cupp v. Murphy
  • Author : Supreme Court of the United States
  • Release Date : January 29, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The respondent, Daniel Murphy, was convicted by a jury in an Oregon court of the second-degree murder of his wife. The victim died by strangulation in her home in the city of Portland, and abrasions and lacerations were found on her throat. There was no sign of a break-in or robbery. Word of the murder was sent to the respondent, who was not then living with his wife. Upon receiving the message, Murphy promptly telephoned the Portland police and voluntarily came into Portland for questioning. Shortly after the respondents arrival at the station house, where he was met by retained counsel, the police noticed a dark spot on the respondents finger. Suspecting that the spot might be dried blood and knowing that evidence of strangulation is often found under the assailants fingernails, the police asked Murphy if they could take a sample of scrapings from his fingernails. He refused. Under protest and without a warrant, the police proceeded to take the samples, which turned out to contain traces of skin and blood cells, and fabric from the victims nightgown. This incriminating evidence was admitted at the trial.


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