Dunaway v. New York

Dunaway v. New York
Argued March 21, 1979
Decided June 5, 1979
Full case nameIrving Jerome Dunaway v. State of New York
Citations442 U.S. 200 (more)
99 S. Ct. 224; 860 L. Ed. 2d 824
Case history
PriorPeople v. Dunaway, 42 A.D.2d 689, 346 N.Y.S.2d 779 (1973); aff'd, 35 N.Y.2d 741, 320 N.E.2d 646 (1974); vacated sub nom. Dunaway v. New York, 422 U.S. 1053, 95 S. Ct. 2674, 45 L. Ed. 2d 705 (1975); on remand 38 N.Y.2d 812, 813, 345 N.E.2d 583, 583 (1975); appeal after remand, 61 A.D.2d 299, 402 N.Y.S.2d 490 (1978).
Holding
(1) Defendant was “seized” for Fourth Amendment purposes when he was arrested and taken to the police station for questioning; (2) Seizure without probable cause violated the Fourth Amendment, and (3) Confession given following the seizure and interrogation was inadmissible.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityBrennan, joined by Stewart, White, Marshall, Blackmun, Stevens
ConcurrenceWhite
ConcurrenceStevens
DissentRehnquist, joined by Burger
Powell took no part in the consideration or decision of the case.

Dunaway v. New York, 442 U.S. 200 (1979), was a United States Supreme Court case that held a subsequent Miranda warning is not sufficient to cure the taint of an unlawful arrest, when the unlawful arrest led to a coerced confession.


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