Torts · MBE-tested

CLINTON v. VIRGINIA

377 U.S. 15812 L. Ed. 2d 213·Supreme Court of the United States·1964

Mr. Justice White dissents.

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Opinion

CLINTON v. VIRGINIA. No. 294. Argued April 27, 1964. Decided May 4, 1964. Calvin H. Childress argued the cause and filed a brief for petitioner. D. Gardiner Tyler, Assistant Attorney General of Virginia, argued the cause for respondent. With him on the briefs was Robert Y. Button, Attorney General of Virginia. [MAJORITY — Per Curiam.] Per Curiam. The motion to strike the supplemental brief on behalf of the respondent is denied. The judgment is reversed. Silverman v. United States, 365 U. S. 505; Ker v. California, 374 U. S. 23. [CONCURRENCE — Mr. Justice Clark,] Mr. Justice Clark, concurring: Since the Court finds that the “spiked” mike used by the police officers penetrated petitioner’s premises sufficiently to be an actual trespass thereof, I join in the judgment. Mr. Justice White dissents.