Dyke v. Taylor Implement Manufacturing Company, Inc.

PETITIONER: Dyke
RESPONDENT: Taylor Implement Manufacturing Company, Inc.
LOCATION: Alamance County

DOCKET NO.: 149
DECIDED BY: Warren Court (1967-1969)
LOWER COURT:

CITATION: 391 US 216 (1968)
ARGUED: Jan 18, 1968
DECIDED: May 20, 1968

Facts of the case

Question

Media for Dyke v. Taylor Implement Manufacturing Company, Inc.

Audio Transcription for Oral Argument - January 18, 1968 in Dyke v. Taylor Implement Manufacturing Company, Inc.

Earl Warren:

Number 149, Wayne Dyke et al, petitioners versus Taylor Implement Manufacturing Company Incorporated.

Mr. Gottesman.

Michael H. Gottesman:

Mr. Chief Justice, may it please the Court.

This case is here on writ of certiorari to the Tennessee's Supreme Court and it presents two issues.

Each of which has been discussed at some length already this week: First, the right to jury trial in at least certain criminal contempt cases and second, the validity of the search without warrant of an automobile.

The issues arise in this case however in quite a different context and since that context may shape the resolution, I'd like to describe it at least at some length.

We begin here with the strike being under taken by the employees of the respondent company against the company.

Petitioners were striking employees of the company.

At some point during the strike, the company went into the Tennessee Court of Equity.

They are still separate courts in Tennessee and it got an injunction against certain conduct by the striking employees.

The provisions of that injunction relevant here enjoined conduct which quite clearly was conduct already proscribed by the criminal law of the State of Tennessee specifically it enjoined the striking employees from injuring or harming those employees of the company who came to work or visitors or other people who may come to the company during the period of the strike.

Now, of course it's undisputed and the company acknowledges in its brief that this conduct which was enjoined and indeed for which the petitioners ultimately were tried in contempt is a felony under the state law of Tennessee.

Sometime after the injunction was issued and while the strike was continuing, a shot was fired into the home of one of the employees who was working during the strike.

This home was some 25 miles from the plant in the next county.

The shot was fired from an automobile as the automobile raced away the occupants of the house returned fire and manage to hit the car with one bode in the back.

Deputy Sheriff Powers who is a sheriff in the county where the plant is located and who was at the time the record doesn't quite clear about 15 or 20 miles from the scene of the shooting, received the report over his radio that a shooting had occurred that car was apparently headed in the direction of his county and that it was an old make model car.

He expressly testified that that is all that he received over his radio in terms of a description of the car and when asked, Did you get a specific description?

He said, No, that's all I got.

It was an old make model car.

As he was driving along, he saw an old make model car coming in the opposite direction that quite equipped and he turned around and followed it.

He testified that was going some 78-80 miles an hour, he couldn't catch up to it and so he radio the head to the police in the next town which happens to be the town the plant is located in, to stop the car.

They did so Sheriff Powers is then as they were stopped, caught up, pulled up along side.

Earl Warren:

Did he tell them what kind of a car it was?

Michael H. Gottesman:

I'm sorry.

Did who saw?

Earl Warren:

That the officer who radioed the head, tell what kind of a car it was?

Michael H. Gottesman:

Well, all the record shows Sheriff Powers says he radio the head and said I'm chasing an old car and I can't catch it please stop it.

That's all he recites having said.

He did testify that he didn't know at this time any more about the car except that it was an old car.

To that, I assume is all that he could've radio the head.