Leary v. United States
| Leary v. United States | |
|---|---|
 U.S. LEXIS 3271; 69-2 U.S. Tax Cas. (CCH ) ¶ 15,900; 23 A.F.T.R.2d (RIA) 2006 | |
| Case history | |
| Prior | On writ of certiorari to the United States Court of Appeals for the Fifth Circuit |
| Holding | |
| The Marihuana Tax Act required self-incrimination, thus violating the Fifth Amendment of Constitution. Leary's conviction reversed. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Harlan, joined by Douglas, Brennan, Stewart, White, Marshall; Warren (in part) |
| Concurrence | Stewart |
| Concurrence | Black (in judgment) |
| Laws applied | |
Controlled Substance Act | |
Leary v. United States, 395 U.S. 6 (1969), is a
Background
On December 20, 1965, Leary left New York by automobile, intending to take a vacation trip to the Mexican state of
Legal decision
 |
a. If read according to its terms, the Marijuana Tax Act compelled petitioner to expose himself to a "real and appreciable" risk of self-incrimination;
b. [The statute] required him, in the course of obtaining an order form, to identify himself not only as a transferee of marijuana but as a transferee who had not registered and paid the occupational tax;
c. Compliance with the transfer tax provisions would have required petitioner unmistakably to identify himself as a member of [a]..."selective" and "suspect" group, we can only decide that when read according to their terms these provisions created a "real and appreciable" hazard of incrimination.
Later development
The Marihuana Tax Act ultimately was repealed by the U.S. Congress in the Comprehensive Drug Abuse Prevention and Control Act of 1970.[2]
References
- ISBN 978-1-59884-479-5.
- ^ See Pub. L. No. 91-513, 84 Stat. 1236, 1292 (October 27, 1970). See also Lynn v. West, 134 F.3d 582 (4th Cir. 1998).
External links
- Text of Leary v. United States, 395 U.S. 6 (1969) is available from: Findlaw Justia Library of Congress Oyez (oral argument audio)