Mancusi v. Deforte

392 U.S. 364 (1968)

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Nature of the Case

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Facts

P was a vice president of Teamsters Union Local 266. P was indicted on charges of conspiracy, coercion, and extortion. The government alleged that P had misused his union office to 'organize' owners of jukeboxes and compel them to pay tribute. Prior to the return of the indictment, the District Attorney's office issued a subpoena duces tecum to Local 266, calling upon it to produce certain books and records. The subpoena was served upon the Union at its offices. The Union refused to comply. The state officials who had served the subpoena conducted a search and seized union records from an office shared by P and several other union officials. The search and seizure were without a warrant and took place despite the protests of P, who was present in the office at the time. The seized material was admitted against P at trial. He was convicted. Citing Mapp v. Ohio, P brought a federal habeas corpus proceeding. The court denied the writ but the Second Circuit reversed and directed that the writ issue. D appealed. The Supreme Court granted certiorari.