Davis v. Mississippi

In Davis v. Mississippi (1969) 394 U.S. 721, 727-728 89 S. Ct. 1394, 1398, 22 L. Ed. 2d 676, the police took the petitioner into custody without a warrant, and held him for two days. While he was confined, they interrogated him and took his fingerprints. ( Davis v. Mississippi, supra, 394 U.S. at p. 723 89 S. Ct. at pp. 1395-1396.) The Supreme Court held that the manner in which the fingerprints were obtained violated the Fourth Amendment. ( Id. at p. 728 89 S. Ct. at p. 1398.) In the course of its discussion, the court hypothesized that "it is arguable . . . that because of the unique nature of the fingerprinting process, such detentions to obtain fingerprints might, under narrowly defined circumstances, be found to comply with the Fourth Amendment even though there is no probable cause in the traditional sense." (Ibid. 89 S. Ct. at pp. 1397-1398.) The court noted, however, that although fingerprinting is a limited intrusion on personal liberty, "the general requirement that the authorization of a judicial officer be obtained in advance of the detention would seem not to admit of any exception in the fingerprinting context." (Ibid. 89 S. Ct. at p. 1398.)