Gouled v. United States

Gouled v. United States
Argued January 4, 1921
Decided February 28, 1921
Full case nameGouled v. United States
Citations255 U.S. 298 (more)
Case history
SubsequentConviction reversed; new trial ordered, Gouled v. United States, 273 F. 2d 506
Holding
It is a violation of the Fourth Amendment to seize evidence through social trickery or stealth. It is a violation of a defendant's Fifth Amendment right against self-incrimination to admit evidence obtained in such manner. The government may not seize evidence that is not contraband, stolen, or a tool of the crime.
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinion
MajorityClarke, joined by unanimous
Laws applied
U.S. Const. amend. IV, U.S. Const. amend. V
Overruled by
Warden v. Hayden

Gouled v. United States, 255 U.S. 298 (1921), was a United States Supreme Court case in which the court unanimously held that the government may not seize evidence by use of stealth or social trickery.

The case expanded on Boyd v. United States to establish the now-defunct mere evidence rule, which stated that the government may not seize property solely useful as evidence.