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''Boyd v. United States'', , was a decision by the United States Supreme Court, in which the Court held that “a search and seizure () equivalent () a compulsory production of a man's private papers” and that the search was “an 'unreasonable search and seizure' within the meaning of the Fourth Amendment.”〔116 U.S. 616, 634–35.〕 In the published opinion, after citing Lord Camden's judgment in ''Entick v Carrington'', 19 How. St. Tr. 1029, Justice Bradley said (630): Although not expressly overruled, some aspects of the Supreme Court's opinion in ''Boyd'' have been limited or negated by subsequent Supreme Court decisions. For example, in the case of ''Fisher v. United States'' in 1976, the Supreme Court stated: ::The proposition that the Fifth Amendment prevents compelled production of documents over objection that such production might incriminate stems from ''Boyd v. United States'', 116 U.S. 616 (1886)..... Among its several pronouncements, Boyd was understood to declare that the seizure, under warrant or otherwise, of any purely evidentiary materials violated the Fourth Amendment and that the Fifth Amendment rendered these seized materials inadmissible. .... Several of Boyd's express or implicit declarations have not stood the test of time. The application of the Fourth Amendment to subpoenas was limited by ''Hale v. Henkel'', 201 U.S. 43 (1906), and more recent cases. See, e. g., ''Oklahoma Press Pub. Co. v. Walling'', 327 U.S. 186 (1946). Purely evidentiary (but "nontestimonial") materials, as well as contraband and fruits and instrumentalities of crime, may now be searched for and seized under proper circumstances, .... Also, any notion that "testimonial" evidence may never be seized and used in evidence is inconsistent with ''Katz v. United States'', 389 U.S. 347 (1967); ''Osborn v. United States'', 385 U.S. 323 (1966); and ''Berger v. New York'', 388 U.S. 41 (1967), approving the seizure under appropriate circumstances of conversations of a person suspected of crime. See also ''Marron v. United States'', 275 U.S. 192 (1927)...... It is also clear that the Fifth Amendment does not independently proscribe the compelled production of every sort of incriminating evidence but applies only when the accused is compelled to make a testimonial communication that is incriminating.....〔''Fisher v. United States'', 425 U.S. 391 (1976).〕 ==See also== *List of United States Supreme Court cases, volume 116 *Mere evidence rule *Exclusionary rule *''Griswold v. Connecticut'' (1965) (also involving "the privacies of life") *''Andresen v. Maryland'' (1976) *''Payton v. New York'' (1980) (citing ''Boyd'') *''United States v. Hubbell'' (2000) 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「Boyd v. United States」の詳細全文を読む スポンサード リンク
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