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''Cupp v. Murphy'', 412 U.S. 291 (1973), is a United States Supreme Court case in which the Court upheld a murder conviction notwithstanding a challenge that the evidence upon which guilt was based was obtained in violation of the Fourth and Fourteenth Amendments of the United States Constitution. The court held that in view of the station-house detention upon probable cause, the very limited intrusion of scraping the defendant's fingernails for blood and other material, undertaken to preserve highly evanescent evidence, did not violate the Fourth and Fourteenth Amendments. Justice Stewart wrote for the majority. Based on this decision, it is permissible for police officers to conduct a limited search on a defendant when they believe that the defendant is likely to destroy evidence, provided that the search is limited to vindicating the purpose of preserving evidence. ==Facts== Doris Murphy died of strangulation in her home in the city of Portland, Oregon. Investigators found abrasions and lacerations on her throat. There was no sign of a break-in or robbery. Upon receiving word of his ex-wife's murder, Daniel Murphy (then living with his new wife) promptly telephoned the Portland police and voluntarily came into Portland for questioning. Shortly after arrival at the station house where he was represented by counsel, the investigating police noticed a dark spot on the respondent's finger. Suspecting that the spot might be dried blood and knowing that evidence of strangulation is often found under the assailant's fingernails, the police asked Murphy if they could take a sample of scrapings from his fingernails.〔The Trial Court, the Oregon Court of Appeals, and the United States District Court found and/or assumed that the police had probable cause to arrest Murphy when he showed up at the police station for questioning: "At the time the detectives took these scrapings they knew: () The bedroom in which the wife was found dead showed no signs of disturbance, which fact tended to indicate a killer known to the victim rather than to a burglar or other stranger. () The decedent's son, the only other person in the house that night, did not have fingernails which could have made the lacerations observed on the victim's throat. "The defendant and his deceased wife had had a stormy marriage and did not get along well. (). The defendant had, in fact, been at his home on the night of the murder. He left and drove back to central Oregon claiming that he did not enter the house or see his wife. He volunteered a great deal of information without being asked, yet expressed no concern or curiosity about his wife's fate." State v. Murphy, 465 P.2d 900, 904 (Or. 1970). It is worthy of note that the 9th Circuit's decision was not based upon an assumption that there was probable cause to arrest Murphy at the police station. The decision reversing the District Court did not discuss the issue.〕 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 victim's nightgown. This incriminating evidence was admitted at the trial. Daniel Murphy was convicted by a jury in an Oregon court of the second-degree murder of his wife. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cupp v. Murphy」の詳細全文を読む スポンサード リンク
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