Case Citator › Breithaupt v. Abram

Breithaupt v. Abram

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of the United States
Citation
352 U.S. 432
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
1961
Abrogated
A reviewed court treats this case as abrogated by later authority. Breithaupt v. Abram was abrogated in part when Mapp v. Ohio required state courts to exclude evidence obtained through unconstitutional searches; the 1 confirmed treatment is listed below. All 30 flagged citations have been read.
More on how this was screened

The New Mexico Court of Appeals later recognized in State v. Richerson that Breithaupt's contrary approval of admitting such evidence no longer stood. Breithaupt's separate analysis of medically performed blood draws is not addressed by this change.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite Breithaupt v. Abram; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Breithaupt v. Abram?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • Mapp displaced Breithaupt's approval of admitting evidence obtained by an unconstitutional search in a state trial by requiring state courts to exclude such evidence.

    Mapp v. Ohio · Supreme Court of the United States · filed

    We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, 'inadmissible in a state court.
    Read the full opinion on CourtListener →

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