text:
Mapp v. Ohio, 367 U.S. 643 (1961)
Supreme Court of the United States
Filed: October 9th, 1961
Precedential Status: Precedential
Citations: 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081, 1961 U.S. LEXIS 812
Docket Number: 236
Supreme Court Database ID: 1960-133
Author: Tom C. Clark

367 U.S. 643 (1961)
MAPP
v.
OHIO.

No. 236.
Supreme Court of United States.

Argued March 29, 1961.
Decided June 19, 1961.
APPEAL FROM THE SUPREME COURT OF OHIO.
A. L. Kearns argued the cause for appellant. With him on the brief was Walter L. Greene.

Gertrude Bauer Mahon argued the cause for appellee. With her on the brief was John T. Corrigan.

Bernard A. Berkman argued the cause for the American Civil Liberties Union et al., as amici curiae, urging reversal. With him on the brief was Rowland Watts.

MR. JUSTICE CLARK delivered the opinion of the Court.

Appellant stands convicted of knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs in violation of § 2905.34 of Ohio's Revised Code.[1] As officially stated in the syllabus to its opinion, the Supreme Court of Ohio found that her conviction was valid though "based primarily upon the introduction in evidence of lewd and lascivious books and pictures unlawfully seized during an unlawful search of defendant's home . . . ." 170 Ohio St. 427-428, 166 N.E.2d 387, 388.

*644 On May 23, 1957, three Cleveland police officers arrived at appellant's residence in that city pursuant to information that "a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home." Miss Mapp and her daughter by a former marriage lived on the top floor of the two-family dwelling. Upon their arrival at that house, the officers knocked on the door and demanded entrance but appellant, after telephoning her attorney, refused to admit them without a search warrant. They advised their headquarters of the situation and undertook a surveillance of the house.

The officers again sought entrance some three hours later when four or more additional officers arrived on the scene. When Miss Mapp did not come to the door immediately, at least one of the several doors to the house was forcibly opened[2] and the policemen gained admittance. Meanwhile Miss Mapp's attorney arrived, but the officers, having secured their own entry, and continuing in their defiance of the law, would permit him neither to see Miss Mapp nor to enter the house. It appears that Miss Mapp was halfway down the stairs from the upper floor to the front door when the officers, in this highhanded manner, broke into the hall. She demanded to see the search warrant. A paper, claimed to be a warrant, was held up by one of the officers. She grabbed the "warrant" and placed it in her bosom. A struggle ensued in which the officers recovered the piece of paper and as a result of which they handcuffed appellant because she had been "belligerent" *645 in resisting their official rescue of the "warrant" from her person. Running roughshod over appellant, a policeman "grabbed" her, "twisted [her] hand," and she "yelled [and] pleaded with him" because "it was hurting." Appellant, in handcuffs, was then forcibly taken upstairs to her bedroom where the officers searched a dresser, a chest of drawers, a closet and some suitcases. They also looked into a photo album and through personal papers belonging to the appellant. The search spread to the rest of the second floor including the child's bedroom, the living room, the kitchen and a dinette. The basement of the building and a trunk found therein were also searched. The obscene materials for possession of which she was ultimately convicted were discovered in the course of that widespread search.

At the trial no search warrant was produced by the prosecution, nor was the failure to produce one explained or accounted for. At best, "There is, in the record, considerable doubt as to whether there ever was any warrant for the search of defendant's home." 170 Ohio St., at 430, 166 N.E. 2d, at 389. The Ohio Supreme Court believed a "reasonable argument" could be made that the conviction should be reversed "because the `methods' employed to obtain the [evidence] . . . were such as to `offend "a sense of justice," ' " but the court found determinative the fact that the evidence had not been taken "from defendant's person by the use of brutal or offensive physical force against defendant." 170 Ohio St., at 431, 166 N.E. 2d, at 389-390.

The State says that even if the search were made without authority, or otherwise unreasonably, it is not prevented from using the unconstitutionally seized evidence at trial, citing Wolf v. Colorado, 338 U.S. 25 (1949), in which this Court did indeed hold "that in a prosecution in a State court for a State crime the Fourteenth Amendment *646 does not forbid the admission of evidence obtained by an unreasonable search and seizure." At p. 33. On this appeal, of which we have noted probable jurisdiction, 364 U.S. 868, it is urged once again that we review that holding.[3]

I.

Seventy-five years ago, in Boyd v. United States, 116 U.S. 616, 630 (1886), considering the Fourth[4] and Fifth Amendments as running "almost into each other"[5] on the facts before it, this Court held that the doctrines of those Amendments

"apply to all invasions on the part of the government and its employes of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, *647 that constitutes the essence of the offence; but it is the invasion of his indefeasible right of personal security, personal liberty and private property . . . . Breaking into a house and opening boxes and drawers are circumstances of aggravation; but any forcible and compulsory extortion of a man's own testimony or of his private papers to be used as evidence to convict him of crime or to forfeit his goods, is within the condemnation . . . [of those Amendments]."
The Court noted that

"constitutional provisions for the security of person and property should be liberally construed. . . . It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon." At p. 635.
In this jealous regard for maintaining the integrity of individual rights, the Court gave life to Madison's prediction that "independent tribunals of justice . . . will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights." I Annals of Cong. 439 (1789). Concluding, the Court specifically referred to the use of the evidence there seized as "unconstitutional." At p. 638.

Less than 30 years after Boyd, this Court, in Weeks v. United States, 232 U.S. 383 (1914), stated that

"the Fourth Amendment . . . put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints [and] . . . forever secure[d] the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law . . . and the duty of giving to it force and effect is obligatory upon all entrusted under our Federal system with the enforcement of the laws." At pp. 391-392.
*648 Specifically dealing with the use of the evidence unconstitutionally seized, the Court concluded:

"If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution. The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established by years of endeavor and suffering which have resulted in their embodiment in the fundamental law of the land." At p. 393.
Finally, the Court in that case clearly stated that use of the seized evidence involved "a denial of the constitutional rights of the accused." At p. 398. Thus, in the year 1914, in the Weeks case, this Court "for the first time" held that "in a federal prosecution the Fourth Amendment barred the use of evidence secured through an illegal search and seizure." Wolf v. Colorado, supra, at 28. This Court has ever since required of federal law officers a strict adherence to that command which this Court has held to be a clear, specific, and constitutionally required—even if judicially implied—deterrent safeguard without insistence upon which the Fourth Amendment would have been reduced to "a form of words." Holmes, J., Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392 (1920). It meant, quite simply, that "conviction by means of unlawful seizures and enforced confessions . . . should find no sanction in the judgments of the courts . . .," Weeks v. United States, supra, at 392, and that such evidence "shall not be used at all." Silverthorne Lumber Co. v. United States, supra, at 392.

*649 There are in the cases of this Court some passing references to the Weeks rule as being one of evidence. But the plain and unequivocal language of Weeks—and its later paraphrase in Wolf—to the effect that the Weeks rule is of constitutional origin, remains entirely undisturbed. In Byars v. United States, 273 U.S. 28 (1927), a unanimous Court declared that "the doctrine [cannot] . . . be tolerated under our constitutional system, that evidences of crime discovered by a federal officer in making a search without lawful warrant may be used against the victim of the unlawful search where a timely challenge has been interposed." At pp. 29-30 (emphasis added). The Court, in Olmstead v. United States, 277 U.S. 438 (1928), in unmistakable language restated the Weeks rule:

"The striking outcome of the Weeks case and those which followed it was the sweeping declaration that the Fourth Amendment, although not referring to or limiting the use of evidence in courts, really forbade its introduction if obtained by government officers through a violation of the Amendment." At p. 462.
In McNabb v. United States, 318 U.S. 332 (1943), we note this statement:

"[A] conviction in the federal courts, the foundation of which is evidence obtained in disregard of liberties deemed fundamental by the Constitution, cannot stand. Boyd v. United States . . . Weeks v. United States . . . And this Court has, on Constitutional grounds, set aside convictions, both in the federal and state courts, which were based upon confessions `secured by protracted and repeated questioning of ignorant and untutored persons, in whose minds the power of officers was greatly magnified' *650. . . or `who have been unlawfully held incommunicado without advice of friends or counsel'. . . ." At pp. 339-340.
Significantly in McNabb, the Court did then pass on to formulate a rule of evidence, saying, "[i]n the view we take of the case, however, it becomes unnecessary to reach the Constitutional issue [for] . . . [t]he principles governing the admissibility of evidence in federal criminal trials have not been restricted . . . to those derived solely from the Constitution." At pp. 340-341.

II.

In 1949, 35 years after Weeks was announced, this Court, in Wolf v. Colorado, supra, again for the first time,[6] discussed the effect of the Fourth Amendment upon the States through the operation of the Due Process Clause of the Fourteenth Amendment. It said:

"[W]e have no hesitation in saying that were a State affirmatively to sanction such police incursion into privacy it would run counter to the guaranty of the Fourteenth Amendment." At p. 28.
Nevertheless, after declaring that the "security of one's privacy against arbitrary intrusion by the police" is "implicit in the concept of ordered liberty' and as such enforceable against the States through the Due Process Clause," cf. Palko v. Connecticut, 302 U.S. 319 (1937), and announcing that it "stoutly adhere[d]" to the Weeks decision, the Court decided that the Weeks exclusionary rule would not then be imposed upon the States as "an essential ingredient of the right." 338 U. S., at 27-29. The Court's reasons for not considering essential to the *651 right to privacy, as a curb imposed upon the States by the Due Process Clause, that which decades before had been posited as part and parcel of the Fourth Amendment's limitation upon federal encroachment of individual privacy, were bottomed on factual considerations.

While they are not basically relevant to a decision that the exclusionary rule is an essential ingredient of the Fourth Amendment as the right it embodies is vouchsafed against the States by the Due Process Clause, we will consider the current validity of the factual grounds upon which Wolf was based.

The Court in Wolf first stated that "[t]he contrariety of views of the States" on the adoption of the exclusionary rule of Weeks was "particularly impressive" (at p. 29); and, in this connection, that it could not "brush aside the experience of States which deem the incidence of such conduct by the police too slight to call for a deterrent remedy . . . by overriding the [States'] relevant rules of evidence." At pp. 31-32. While in 1949, prior to the Wolf case, almost two-thirds of the States were opposed to the use of the exclusionary rule, now, despite the Wolf case, more than half of those since passing upon it, by their own legislative or judicial decision, have wholly or partly adopted or adhered to the Weeks rule. See Elkins v. United States, 364 U.S. 206, Appendix, pp. 224-232 (1960). Significantly, among those now following the rule is California, which, according to its highest court, was "compelled to reach that conclusion because other remedies have completely failed to secure compliance with the constitutional provisions . . . ." People v. Cahan, 44 Cal. 2d 434, 445, 282 P.2d 905, 911 (1955). In connection with this California case, we note that the second basis elaborated in Wolf in support of its failure to enforce the exclusionary doctrine against the States was that "other means of protection" have been afforded "the *652 right to privacy."[7] 338 U. S., at 30. The experience of California that such other remedies have been worthless and futile is buttressed by the experience of other States. The obvious futility of relegating the Fourth Amendment to the protection of other remedies has, moreover, been *653 recognized by this Court since Wolf. See Irvine v. California, 347 U.S. 128, 137 (1954).

Likewise, time has set its face against what Wolf called the "weighty testimony" of People v. Defore, 242 N.Y. 13, 150 N.E. 585 (1926). There Justice (then Judge) Cardozo, rejecting adoption of the Weeks exclusionary rule in New York, had said that "[t]he Federal rule as it stands is either too strict or too lax." 242 N. Y., at 22, 150 N. E., at 588. However, the force of that reasoning has been largely vitiated by later decisions of this Court. These include the recent discarding of the "silver platter" doctrine which allowed federal judicial use of evidence seized in violation of the Constitution by state agents, Elkins v. United States, supra; the relaxation of the formerly strict requirements as to standing to challenge the use of evidence thus seized, so that now the procedure of exclusion, "ultimately referable to constitutional safeguards," is available to anyone even "legitimately on [the] premises" unlawfully searched, Jones v. United States, 362 U.S. 257, 266-267 (1960); and, finally, the formulation of a method to prevent state use of evidence unconstitutionally seized by federal agents, Rea v. United States, 350 U.S. 214 (1956). Because there can be no fixed formula, we are admittedly met with "recurring questions of the reasonableness of searches," but less is not to be expected when dealing with a Constitution, and, at any rate, "[r]easonableness is in the first instance for the [trial court] . . . to determine." United States v. Rabinowitz, 339 U.S. 56, 63 (1950).

It, therefore, plainly appears that the factual considerations supporting the failure of the Wolf Court to include the Weeks exclusionary rule when it recognized the enforceability of the right to privacy against the States in 1949, while not basically relevant to the constitutional consideration, could not, in any analysis, now be deemed controlling.

*654 III.

Some five years after Wolf, in answer to a plea made here Term after Term that we overturn its doctrine on applicability of the Weeks exclusionary rule, this Court indicated that such should not be done until the States had "adequate opportunity to adopt or reject the [Weeks] rule." Irvine v. California, supra, at 134. There again it was said:

"Never until June of 1949 did this Court hold the basic search-and-seizure prohibition in any way applicable to the states under the Fourteenth Amendment." Ibid.
And only last Term, after again carefully re-examining the Wolf doctrine in Elkins v. United States, supra, the Court pointed out that "the controlling principles" as to search and seizure and the problem of admissibility "seemed clear" (at p. 212) until the announcement in Wolf "that the Due Process Clause of the Fourteenth Amendment does not itself require state courts to adopt the exclusionary rule" of the Weeks case. At p. 213. At the same time, the Court pointed out, "the underlying constitutional doctrine which Wolf established . . . that the Federal Constitution . . . prohibits unreasonable searches and seizures by state officers" had undermined the "foundation upon which the admissibility of stateseized evidence in a federal trial originally rested . . . ." Ibid. The Court concluded that it was therefore obliged to hold, although it chose the narrower ground on which to do so, that all evidence obtained by an unconstitutional search and seizure was inadmissible in a federal court regardless of its source. Today we once again examine Wolf's constitutional documentation of the right to privacy free from unreasonable state intrusion, and, after its dozen years on our books, are led by it to close the only *655 courtroom door remaining open to evidence secured by official lawlessness in flagrant abuse of that basic right, reserved to all persons as a specific guarantee against that very same unlawful conduct. We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.

IV.

Since the Fourth Amendment's right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. Were it otherwise, then just as without the Weeks rule the assurance against unreasonable federal searches and seizures would be "a form of words," valueless and undeserving of mention in a perpetual charter of inestimable human liberties, so too, without that rule the freedom from state invasions of privacy would be so ephemeral and so neatly severed from its conceptual nexus with the freedom from all brutish means of coercing evidence as not to merit this Court's high regard as a freedom "implicit in the concept of ordered liberty." At the time that the Court held in Wolf that the Amendment was applicable to the States through the Due Process Clause, the cases of this Court, as we have seen, had steadfastly held that as to federal officers the Fourth Amendment included the exclusion of the evidence seized in violation of its provisions. Even Wolf "stoutly adhered" to that proposition. The right to privacy, when conceded operatively enforceable against the States, was not susceptible of destruction by avulsion of the sanction upon which its protection and enjoyment had always been deemed dependent under the Boyd, Weeks and Silverthorne cases. Therefore, in extending the substantive protections of due process to all constitutionally unreasonable searches—state or federal—it was *656 logically and constitutionally necessary that the exclusion doctrine—an essential part of the right to privacy—be also insisted upon as an essential ingredient of the right newly recognized by the Wolf case. In short, the admission of the new constitutional right by Wolf could not consistently tolerate denial of its most important constitutional privilege, namely, the exclusion of the evidence which an accused had been forced to give by reason of the unlawful seizure. To hold otherwise is to grant the right but in reality to withhold its privilege and enjoyment. Only last year the Court itself recognized that the purpose of the exclusionary rule "is to deter—to compel respect for the constitutional guaranty in the only effectively available way—by removing the incentive to disregard it." Elkins v. United States, supra, at 217.

Indeed, we are aware of no restraint, similar to that rejected today, conditioning the enforcement of any other basic constitutional right. The right to privacy, no less important than any other right carefully and particularly reserved to the people, would stand in marked contrast to all other rights declared as "basic to a free society." Wolf v. Colorado, supra, at 27. This Court has not hesitated to enforce as strictly against the States as it does against the Federal Government the rights of free speech and of a free press, the rights to notice and to a fair, public trial, including, as it does, the right not to be convicted by use of a coerced confession, however logically relevant it be, and without regard to its reliability. Rogers v. Richmond, 365 U.S. 534 (1961). And nothing could be more certain than that when a coerced confession is involved, "the relevant rules of evidence" are overridden without regard to "the incidence of such conduct by the police," slight or frequent. Why should not the same rule apply to what is tantamount to coerced testimony by way of unconstitutional seizure of goods, papers, effects, documents, etc.? We find that, *657 as to the Federal Government, the Fourth and Fifth Amendments and, as to the States, the freedom from unconscionable invasions of privacy and the freedom from convictions based upon coerced confessions do enjoy an "intimate relation"[8] in their perpetuation of "principles of humanity and civil liberty [secured] . . . only after years of struggle," Bram v. United States, 168 U.S. 532, 543-544 (1897). They express "supplementing phases of the same constitutional purpose—to maintain inviolate large areas of personal privacy." Feldman v. United States, 322 U.S. 487, 489-490 (1944). The philosophy of each Amendment and of each freedom is complementary to, although not dependent upon, that of the other in its sphere of influence—the very least that together they assure in either sphere is that no man is to be convicted on unconstitutional evidence. Cf. Rochin v. California, 342 U.S. 165, 173 (1952).

V.

Moreover, our holding that the exclusionary rule is an essential part of both the Fourth and Fourteenth Amendments is not only the logical dictate of prior cases, but it also makes very good sense. There is no war between the Constitution and common sense. Presently, a federal prosecutor may make no use of evidence illegally seized, but a State's attorney across the street may, although he supposedly is operating under the enforceable prohibitions of the same Amendment. Thus the State, by admitting evidence unlawfully seized, serves to encourage disobedience to the Federal Constitution which it is bound to uphold. Moreover, as was said in Elkins, "[t]he very essence of a healthy federalism depends upon the avoidance of needless conflict between *658 state and federal courts." 364 U. S., at 221. Such a conflict, hereafter needless, arose this very Term, in Wilson v. Schnettler, 365 U.S. 381 (1961), in which, and in spite of the promise made by Rea, we gave full recognition to our practice in this regard by refusing to restrain a federal officer from testifying in a state court as to evidence unconstitutionally seized by him in the performance of his duties. Yet the double standard recognized until today hardly put such a thesis into practice. In non-exclusionary States, federal officers, being human, were by it invited to and did, as our cases indicate, step across the street to the State's attorney with their unconstitutionally seized evidence. Prosecution on the basis of that evidence was then had in a state court in utter disregard of the enforceable Fourth Amendment. If the fruits of an unconstitutional search had been inadmissible in both state and federal courts, this inducement to evasion would have been sooner eliminated. There would be no need to reconcile such cases as Rea and Schnettler, each pointing up the hazardous uncertainties of our heretofore ambivalent approach.

Federal-state cooperation in the solution of crime under constitutional standards will be promoted, if only by recognition of their now mutual obligation to respect the same fundamental criteria in their approaches. "However much in a particular case insistence upon such rules may appear as a technicality that inures to the benefit of a guilty person, the history of the criminal law proves that tolerance of shortcut methods in law enforcement impairs its enduring effectiveness." Miller v. United States, 357 U.S. 301, 313 (1958). Denying shortcuts to only one of two cooperating law enforcement agencies tends naturally to breed legitimate suspicion of "working arrangements" whose results are equally tainted. Byars v. United States, 273 U.S. 28 (1927); Lustig v. United States, 338 U.S. 74 (1949).

*659 There are those who say, as did Justice (then Judge) Cardozo, that under our constitutional exclusionary doctrine "[t]he criminal is to go free because the constable has blundered." People v. Defore, 242 N. Y., at 21, 150 N. E., at 587. In some cases this will undoubtedly be the result.[9] But, as was said in Elkins, "there is another consideration—the imperative of judicial integrity." 364 U. S., at 222. The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v. United States, 277 U.S. 438, 485 (1928): "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy." Nor can it lightly be assumed that, as a practical matter, adoption of the exclusionary rule fetters law enforcement. Only last year this Court expressly considered that contention and found that "pragmatic evidence of a sort" to the contrary was not wanting. Elkins v. United States, supra, at 218. The Court noted that

"The federal courts themselves have operated under the exclusionary rule of Weeks for almost half a century; *660 yet it has not been suggested either that the Federal Bureau of Investigation[10] has thereby been rendered ineffective, or that the administration of criminal justice in the federal courts has thereby been disrupted. Moreover, the experience of the states is impressive. . . . The movement towards the rule of exclusion has been halting but seemingly inexorable." Id., at 218-219.
The ignoble shortcut to conviction left open to the State tends to destroy the entire system of constitutional restraints on which the liberties of the people rest.[11] Having once recognized that the right to privacy embodied in the Fourth Amendment is enforceable against the States, and that the right to be secure against rude invasions of privacy by state officers is, therefore, constitutional in origin, we can no longer permit that right to remain an empty promise. Because it is enforceable in the same manner and to like effect as other basic rights secured by the Due Process Clause, we can no longer permit it to be revocable at the whim of any police officer who, in the name of law enforcement itself, chooses to suspend its enjoyment. Our decision, founded on reason and truth, gives to the individual no more than that which the Constitution guarantees him, to the police officer no less than that to which honest law enforcement is entitled, and, to the courts, that judicial integrity so necessary in the true administration of justice.

The judgment of the Supreme Court of Ohio is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

Reversed and remanded.

*661 MR. JUSTICE BLACK, concurring.

For nearly fifty years, since the decision of this Court in Weeks v. United States,[1] federal courts have refused to permit the introduction into evidence against an accused of his papers and effects obtained by "unreasonable searches and seizures" in violation of the Fourth Amendment. In Wolf v. Colorado, decided in 1948, however, this Court held that "in a prosecution in a State court for a State crime the Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure."[2] I concurred in that holding on these grounds:

"For reasons stated in my dissenting opinion in Adamson v. California, 332 U.S. 46, 68, I agree with the conclusion of the Court that the Fourth Amendment's prohibition of `unreasonable searches and seizures' is enforceable against the states. Consequently, I should be for reversal of this case if I thought the Fourth Amendment not only prohibited `unreasonable searches and seizures,' but also, of itself, barred the use of evidence so unlawfully obtained. But I agree with what appears to be a plain implication of the Court's opinion that the federal exclusionary rule is not a command of the Fourth Amendment but is a judicially created rule of evidence which Congress might negate."[3]
I am still not persuaded that the Fourth Amendment, standing alone, would be enough to bar the introduction into evidence against an accused of papers and effects seized from him in violation of its commands. For the Fourth Amendment does not itself contain any provision expressly precluding the use of such evidence, and I am *662 extremely doubtful that such a provision could properly be inferred from nothing more than the basic command against unreasonable searches and seizures. Reflection on the problem, however, in the light of cases coming before the Court since Wolf, has led me to conclude that when the Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies but actually requires the exclusionary rule.

The close interrelationship between the Fourth and Fifth Amendments, as they apply to this problem,[4] has long been recognized and, indeed, was expressly made the ground for this Court's holding in Boyd v. United States.[5] There the Court fully discussed this relationship and declared itself "unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself."[6] It was upon this ground that Mr. Justice Rutledge largely relied in his dissenting opinion in the Wolf case.[7] And, although I rejected the argument at that time, its force has, for me at least, become compelling with the more thorough understanding of the problem brought on by recent cases. In the final analysis, it seems to me that the Boyd doctrine, though perhaps not required by the express language of the Constitution strictly construed, is amply justified from an historical standpoint, soundly based in reason, *663 and entirely consistent with what I regard to be the proper approach to interpretation of our Bill of Rights—an approach well set out by Mr. Justice Bradley in the Boyd case:

"[C]onstitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon."[8]
The case of Rochin v. California,[9] which we decided three years after the Wolf case, authenticated, I think, the soundness of Mr. Justice Bradley's and Mr. Justice Rutledge's reliance upon the interrelationship between the Fourth and Fifth Amendments as requiring the exclusion of unconstitutionally seized evidence. In the Rochin case, three police officers, acting with neither a judicial warrant nor probable cause, entered Rochin's home for the purpose of conducting a search and broke down the door to a bedroom occupied by Rochin and his wife. Upon their entry into the room, the officers saw Rochin pick up and swallow two small capsules. They immediately seized him and took him in handcuffs to a hospital where the capsules *664 were recovered by use of a stomach pump. Investigation showed that the capsules contained morphine and evidence of that fact was made the basis of his conviction of a crime in a state court.

When the question of the validity of that conviction was brought here, we were presented with an almost perfect example of the interrelationship between the Fourth and Fifth Amendments. Indeed, every member of this Court who participated in the decision of that case recognized this interrelationship and relied on it, to some extent at least, as justifying reversal of Rochin's conviction. The majority, though careful not to mention the Fifth Amendment's provision that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself," showed at least that it was not unaware that such a provision exists, stating: "Coerced confessions offend the community's sense of fair play and decency . . . . It would be a stultification of the responsibility which the course of constitutional history has cast upon this Court to hold that in order to convict a man the police cannot extract by force what is in his mind but can extract what is in his stomach."[10] The methods used by the police thus were, according to the majority, "too close to the rack and the screw to permit of constitutional differentiation,"[11] and the case was reversed on the ground that these methods had violated the Due Process Clause of the Fourteenth Amendment in that the treatment accorded Rochin was of a kind that "shocks the conscience," "offend[s] `a sense of justice' " and fails to "respect certain decencies of civilized conduct."[12]

I concurred in the reversal of the Rochin case, but on the ground that the Fourteenth Amendment made the Fifth Amendment's provision against self-incrimination *665 applicable to the States and that, given a broad rather than a narrow construction, that provision barred the introduction of this "capsule" evidence just as much as it would have forbidden the use of words Rochin might have been coerced to speak.[13] In reaching this conclusion I cited and relied on the Boyd case, the constitutional doctrine of which was, of course, necessary to my disposition of the case. At that time, however, these views were very definitely in the minority for only MR. JUSTICE DOUGLAS and I rejected the flexible and uncertain standards of the "shock-the-conscience test" used in the majority opinion.[14]

Two years after Rochin, in Irvine v. California,[15] we were again called upon to consider the validity of a conviction based on evidence which had been obtained in a manner clearly unconstitutional and arguably shocking to the conscience. The five opinions written by this Court in that case demonstrate the utter confusion and uncertainty that had been brought about by the Wolf and Rochin decisions. In concurring, MR. JUSTICE CLARK emphasized the unsatisfactory nature of the Court's "shock-the-conscience test," saying that this "test" "makes for such uncertainty and unpredictability that it would be impossible to foretell—other than by guesswork—just how brazen the invasion of the intimate privacies of one's home must be in order to shock itself into the protective arms of the Constitution. In truth, the practical result of this ad hoc approach is simply that when five Justices are sufficiently revolted by local police action, a conviction is overturned and a guilty man may go free."[16]

*666 Only one thing emerged with complete clarity from the Irvine case—that is that seven Justices rejected the "shock-the-conscience" constitutional standard enunciated in the Wolf and Rochin cases. But even this did not lessen the confusion in this area of the law because the continued existence of mutually inconsistent precedents together with the Court's inability to settle upon a majority opinion in the Irvine case left the situation at least as uncertain as it had been before.[17] Finally, today, we clear up that uncertainty. As I understand the Court's opinion in this case, we again reject the confusing "shock-the-conscience" standard of the Wolf and Rochin cases and, instead, set aside this state conviction in reliance upon the precise, intelligible and more predictable constitutional doctrine enunciated in the Boyd case. I fully agree with Mr. Justice Bradley's opinion that the two Amendments upon which the Boyd doctrine rests are of vital importance in our constitutional scheme of liberty and that both are entitled to a liberal rather than a niggardly interpretation. The courts of the country are entitled to know with as much certainty as possible what scope they cover. The Court's opinion, in my judgment, dissipates the doubt and uncertainty in this field of constitutional law and I am persuaded, for this and other reasons stated, to depart from my prior views, to accept the Boyd doctrine as controlling in this state case and to join the Court's judgment and opinion which are in accordance with that constitutional doctrine.

MR. JUSTICE DOUGLAS, concurring.

Though I have joined the opinion of the Court, I add a few words. This criminal proceeding started with a lawless search and seizure. The police entered a home *667 forcefully, and seized documents that were later used to convict the occupant of a crime.

She lived alone with her fifteen-year-old daughter in the second-floor flat of a duplex in Cleveland. At about 1:30 in the afternoon of May 23, 1957, three policemen arrived at this house. They rang the bell, and the appellant, appearing at her window, asked them what they wanted. According to their later testimony, the policemen had come to the house on information from "a confidential source that there was a person hiding out in the home, who was wanted for questioning in connection with a recent bombing."[1] To the appellant's question, however, they replied only that they wanted to question her and would not state the subject about which they wanted to talk.

The appellant, who had retained an attorney in connection with a pending civil matter, told the police she would call him to ask if she should let them in. On her attorney's advice, she told them she would let them in only when they produced a valid search warrant. For the next two and a half hours, the police laid siege to the house. At four o'clock, their number was increased to at least seven. Appellant's lawyer appeared on the scene; and one of the policemen told him that they now had a search warrant, but the officer refused to show it. Instead, going to the back door, the officer first tried to kick it in and, when that proved unsuccessful, he broke the glass in the door and opened it from the inside.

The appellant, who was on the steps going up to her flat, demanded to see the search warrant; but the officer refused to let her see it although he waved a paper in front of her face. She grabbed it and thrust it down the front of her dress. The policemen seized her, took the paper *668 from her, and had her handcuffed to another officer. She was taken upstairs, thus bound, and into the larger of the two bedrooms in the apartment; there she was forced to sit on the bed. Meanwhile, the officers entered the house and made a complete search of the four rooms of her flat and of the basement of the house.

The testimony concerning the search is largely nonconflicting. The approach of the officers; their long wait outside the home, watching all its doors; the arrival of reinforcements armed with a paper;[2] breaking into the house; putting their hands on appellant and handcuffing her; numerous officers ransacking through every room and piece of furniture, while the appellant sat, a prisoner in her own bedroom. There is direct conflict in the testimony, however, as to where the evidence which is the basis of this case was found. To understand the meaning of that conflict, one must understand that this case is based on the knowing possession[3] of four little pamphlets, a couple of photographs and a little pencil doodle—all of which are alleged to be pornographic.

According to the police officers who participated in the search, these articles were found, some in appellant's *669 dressers and some in a suitcase found by her bed. According to appellant, most of the articles were found in a cardboard box in the basement; one in the suitcase beside her bed. All of this material, appellant—and a friend of hers—said were odds and ends belonging to a recent boarder, a man who had left suddenly for New York and had been detained there. As the Supreme Court of Ohio read the statute under which appellant is charged, she is guilty of the crime whichever story is true.

The Ohio Supreme Court sustained the conviction even though it was based on the documents obtained in the lawless search. For in Ohio evidence obtained by an unlawful search and seizure is admissible in a criminal prosecution at least where it was not taken from the "defendant's person by the use of brutal or offensive force against defendant." State v. Mapp, 170 Ohio St. 427, 166 N.E. 2d, at 388, syllabus 2; State v. Lindway, 131 Ohio St. 166,  2 N.E.2d 490. This evidence would have been inadmissible in a federal prosecution. Weeks v. United States, 232 U.S. 383; Elkins v. United States, 364 U.S. 206. For, as stated in the former decision, "The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints . . . ." Id., 391-392. It was therefore held that evidence obtained (which in that case was documents and correspondence) from a home without any warrant was not admissible in a federal prosecution.

We held in Wolf v. Colorado, 338 U.S. 25, that the Fourth Amendment was applicable to the States by reason of the Due Process Clause of the Fourteenth Amendment. But a majority held that the exclusionary rule of the Weeks case was not required of the States, that they could apply such sanctions as they chose. That position had the necessary votes to carry the day. But with all respect it was not the voice of reason or principle.

*670 As stated in the Weeks case, if evidence seized in violation of the Fourth Amendment can be used against an accused, "his right to be secure against such searches and seizures is of no value, and . . . might as well be stricken from the Constitution." 232 U. S., at 393.

When we allowed States to give constitutional sanction to the "shabby business" of unlawful entry into a home (to use an expression of Mr. Justice Murphy, Wolf v. Colorado, at 46), we did indeed rob the Fourth Amendment of much meaningful force. There are, of course, other theoretical remedies. One is disciplinary action within the hierarchy of the police system, including prosecution of the police officer for a crime. Yet as Mr. Justice Murphy said in Wolf v. Colorado, at 42, "Self-scrutiny is a lofty ideal, but its exaltation reaches new heights if we expect a District Attorney to prosecute himself or his associates for well-meaning violations of the search and seizure clause during a raid the District Attorney or his associates have ordered."

The only remaining remedy, if exclusion of the evidence is not required, is an action of trespass by the homeowner against the offending officer. Mr. Justice Murphy showed how onerous and difficult it would be for the citizen to maintain that action and how meagre the relief even if the citizen prevails. 338 U. S. 42-44. The truth is that trespass actions against officers who make unlawful searches and seizures are mainly illusory remedies.

Without judicial action making the exclusionary rule applicable to the States, Wolf v. Colorado in practical effect reduced the guarantee against unreasonable searches and seizures to "a dead letter," as Mr. Justice Rutledge said in his dissent. See 338 U. S., at 47.

Wolf v. Colorado, supra, was decided in 1949. The immediate result was a storm of constitutional controversy which only today finds its end. I believe that this is an appropriate case in which to put an end to the asymmetry which Wolf imported into the law. See *671 Stefanelli v. Minard, 342 U.S. 117; Rea v. United States, 350 U.S. 214; Elkins v. United States, supra; Monroe v. Pape, 365 U.S. 167. It is an appropriate case because the facts it presents show—as would few other cases— the casual arrogance of those who have the untrammelled power to invade one's home and to seize one's person.

It is also an appropriate case in the narrower and more technical sense. The issues of the illegality of the search and the admissibility of the evidence have been presented to the state court and were duly raised here in accordance with the applicable Rule of Practice.[4] The question was raised in the notice of appeal, the jurisdictional statement and in appellant's brief on the merits.[5] It is true that argument was mostly directed to another issue in the case, but that is often the fact. See Rogers v. Richmond, 365 U.S. 534, 535-540. Of course, an earnest advocate of a position always believes that, had he only an additional opportunity for argument, his side would win. But, subject to the sound discretion of a court, all argument must at last come to a halt. This is especially so as to an issue about which this Court said last year that "The arguments of its antagonists and of its proponents have been so many times marshalled as to require no lengthy elaboration here." Elkins v. United States, supra, 216.

Moreover, continuance of Wolf v. Colorado in its full vigor breeds the unseemly shopping around of the kind revealed in Wilson v. Schnettler, 365 U.S. 381. Once evidence, inadmissible in a federal court, is admissible in *672 a state court a "double standard" exists which, as the Court points out, leads to "working arrangements" that undercut federal policy and reduce some aspects of law enforcement to shabby business. The rule that supports that practice does not have the force of reason behind it.

Memorandum of MR. JUSTICE STEWART.

Agreeing fully with Part I of MR. JUSTICE HARLAN'S dissenting opinion, I express no view as to the merits of the constitutional issue which the Court today decides. I would, however, reverse the judgment in this case, because I am persuaded that the provision of § 2905.34 of the Ohio Revised Code, upon which the petitioner's conviction was based, is, in the words of MR. JUSTICE HARLAN, not "consistent with the rights of free thought and expression assured against state action by the Fourteenth Amendment."

MR. JUSTICE HARLAN, whom MR. JUSTICE FRANKFURTER and MR. JUSTICE WHITTAKER join, dissenting.

In overruling the Wolf case the Court, in my opinion, has forgotten the sense of judicial restraint which, with due regard for stare decisis, is one element that should enter into deciding whether a past decision of this Court should be overruled. Apart from that I also believe that the Wolf rule represents sounder Constitutional doctrine than the new rule which now replaces it.

I.

From the Court's statement of the case one would gather that the central, if not controlling, issue on this appeal is whether illegally state-seized evidence is Constitutionally admissible in a state prosecution, an issue which would of course face us with the need for re-examining Wolf. However, such is not the situation. For, although that question was indeed raised here and below among appellant's subordinate points, the new and *673 pivotal issue brought to the Court by this appeal is whether § 2905.34 of the Ohio Revised Code making criminal the mere knowing possession or control of obscene material,[1] and under which appellant has been convicted, is consistent with the rights of free thought and expression assured against state action by the Fourteenth Amendment.[2] That was the principal issue which was decided by the Ohio Supreme Court,[3] which was tendered by appellant's Jurisdictional Statement,[4] and which was briefed[5] and argued[6] in this Court.

*674 In this posture of things, I think it fair to say that five members of this Court have simply "reached out" to overrule Wolf. With all respect for the views of the majority, and recognizing that stare decisis carries different *675 weight in Constitutional adjudication than it does in nonconstitutional decision, I can perceive no justification for regarding this case as an appropriate occasion for re-examining Wolf.

The action of the Court finds no support in the rule that decision of Constitutional issues should be avoided wherever possible. For in overruling Wolf the Court, instead of passing upon the validity of Ohio's § 2905.34, has simply chosen between two Constitutional questions. Moreover, I submit that it has chosen the more difficult and less appropriate of the two questions. The Ohio statute which, as construed by the State Supreme Court, punishes knowing possession or control of obscene material, irrespective of the purposes of such possession or control (with exceptions not here applicable)[7] and irrespective of whether the accused had any reasonable opportunity to rid himself of the material after discovering that it was obscene,[8] surely presents a Constitutional *676 question which is both simpler and less far-reaching than the question which the Court decides today. It seems to me that justice might well have been done in this case without overturning a decision on which the administration of criminal law in many of the States has long justifiably relied.

Since the demands of the case before us do not require us to reach the question of the validity of Wolf, I think this case furnishes a singularly inappropriate occasion for reconsideration of that decision, if reconsideration is indeed warranted. Even the most cursory examination will reveal that the doctrine of the Wolf case has been of continuing importance in the administration of state criminal law. Indeed, certainly as regards its "non-exclusionary" aspect, Wolf did no more than articulate the then existing assumption among the States that the federal cases enforcing the exclusionary rule "do not bind [the States], for they construe provisions of the Federal Constitution, the Fourth and Fifth Amendments, not applicable to the States." People v. Defore, 242 N.Y. 13, 20, 150 N.E. 585, 587. Though, of course, not reflecting the full measure of this continuing reliance, I find that during the last three Terms, for instance, the issue of the inadmissibility of illegally state-obtained evidence appears on an average of about fifteen times per Term just in the in forma pauperis cases summarily disposed of by us. This would indicate both that the issue which is now being decided may well have untoward practical ramifications respecting state cases long since disposed of in reliance on Wolf, and that were we determined to re-examine that doctrine we would not lack future opportunity.

The occasion which the Court has taken here is in the context of a case where the question was briefed not at all and argued only extremely tangentially. The unwisdom of overruling Wolf without full-dress argument *677 is aggravated by the circumstance that that decision is a comparatively recent one (1949) to which three members of the present majority have at one time or other expressly subscribed, one to be sure with explicit misgivings.[9] I would think that our obligation to the States, on whom we impose this new rule, as well as the obligation of orderly adherence to our own processes would demand that we seek that aid which adequate briefing and argument lends to the determination of an important issue. It certainly has never been a postulate of judicial power that mere altered disposition, or subsequent membership on the Court, is sufficient warrant for overturning a deliberately decided rule of Constitutional law.

Thus, if the Court were bent on reconsidering Wolf, I think that there would soon have presented itself an appropriate opportunity in which we could have had the benefit of full briefing and argument. In any event, at the very least, the present case should have been set down for reargument, in view of the inadequate briefing and argument we have received on the Wolf point. To all intents and purposes the Court's present action amounts to a summary reversal of Wolf, without argument.

I am bound to say that what has been done is not likely to promote respect either for the Court's adjudicatory process or for the stability of its decisions. Having been unable, however, to persuade any of the majority to a different procedural course, I now turn to the merits of the present decision.

*678 II.

Essential to the majority's argument against Wolf is the proposition that the rule of Weeks v. United States, 232 U.S. 383, excluding in federal criminal trials the use of evidence obtained in violation of the Fourth Amendment, derives not from the "supervisory power" of this Court over the federal judicial system, but from Constitutional requirement. This is so because no one, I suppose, would suggest that this Court possesses any general supervisory power over the state courts. Although I entertain considerable doubt as to the soundness of this foundational proposition of the majority, cf. Wolf v. Colorado, 338 U. S., at 39-40 (concurring opinion), I shall assume, for present purposes, that the Weeks rule "is of constitutional origin."

At the heart of the majority's opinion in this case is the following syllogism: (1) the rule excluding in federal criminal trials evidence which is the product of an illegal search and seizure is "part and parcel" of the Fourth Amendment; (2) Wolf held that the "privacy" assured against federal action by the Fourth Amendment is also protected against state action by the Fourteenth Amendment; and (3) it is therefore "logically and constitutionally necessary" that the Weeks exclusionary rule should also be enforced against the States.[10]

This reasoning ultimately rests on the unsound premise that because Wolf carried into the States, as part of "the concept of ordered liberty" embodied in the Fourteenth Amendment, the principle of "privacy" underlying the Fourth Amendment (338 U. S., at 27), it must follow that whatever configurations of the Fourth Amendment have been developed in the particularizing federal precedents are likewise to be deemed a part of "ordered liberty," *679 and as such are enforceable against the States. For me, this does not follow at all.

It cannot be too much emphasized that what was recognized in Wolf was not that the Fourth Amendment as such is enforceable against the States as a facet of due process, a view of the Fourteenth Amendment which, as Wolf itself pointed out (338 U. S., at 26), has long since been discredited, but the principle of privacy "which is at the core of the Fourth Amendment." (Id., at 27.) It would not be proper to expect or impose any precise equivalence, either as regards the scope of the right or the means of its implementation, between the requirements of the Fourth and Fourteenth Amendments. For the Fourth, unlike what was said in Wolf of the Fourteenth, does not state a general principle only; it is a particular command, having its setting in a pre-existing legal context on which both interpreting decisions and enabling statutes must at least build.

Thus, even in a case which presented simply the question of whether a particular search and seizure was constitutionally "unreasonable"—say in a tort action against state officers—we would not be true to the Fourteenth Amendment were we merely to stretch the general principle of individual privacy on a Procrustean bed of federal precedents under the Fourth Amendment. But in this instance more than that is involved, for here we are reviewing not a determination that what the state police did was Constitutionally permissible (since the state court quite evidently assumed that it was not), but a determination that appellant was properly found guilty of conduct which, for present purposes, it is to be assumed the State could Constitutionally punish. Since there is not the slightest suggestion that Ohio's policy is "affirmatively to sanction . . . police incursion into privacy" (338 U. S., at 28), compare Marcus v. Search Warrants, post, p. 717, what the Court is now doing is to impose *680 upon the States not only federal substantive standards of "search and seizure" but also the basic federal remedy for violation of those standards. For I think it entirely clear that the Weeks exclusionary rule is but a remedy which, by penalizing past official misconduct, is aimed at deterring such conduct in the future.

I would not impose upon the States this federal exclusionary remedy. The reasons given by the majority for now suddenly turning its back on Wolf seem to me notably unconvincing.

First, it is said that "the factual grounds upon which Wolf was based" have since changed, in that more States now follow the Weeks exclusionary rule than was so at the time Wolf was decided. While that is true, a recent survey indicates that at present one-half of the States still adhere to the common-law non-exclusionary rule, and one, Maryland, retains the rule as to felonies. Berman and Oberst, Admissibility of Evidence Obtained by an Unconstitutional Search and Seizure, 55 N.W. L. Rev. 525, 532-533. But in any case surely all this is beside the point, as the majority itself indeed seems to recognize. Our concern here, as it was in Wolf, is not with the desirability of that rule but only with the question whether the States are Constitutionally free to follow it or not as they may themselves determine, and the relevance of the disparity of views among the States on this point lies simply in the fact that the judgment involved is a debatable one. Moreover, the very fact on which the majority relies, instead of lending support to what is now being done, points away from the need of replacing voluntary state action with federal compulsion.

The preservation of a proper balance between state and federal responsibility in the administration of criminal justice demands patience on the part of those who might like to see things move faster among the States in this respect. Problems of criminal law enforcement vary *681 widely from State to State. One State, in considering the totality of its legal picture, may conclude that the need for embracing the Weeks rule is pressing because other remedies are unavailable or inadequate to secure compliance with the substantive Constitutional principle involved. Another, though equally solicitous of Constitutional rights, may choose to pursue one purpose at a time, allowing all evidence relevant to guilt to be brought into a criminal trial, and dealing with Constitutional infractions by other means. Still another may consider the exclusionary rule too rough-and-ready a remedy, in that it reaches only unconstitutional intrusions which eventuate in criminal prosecution of the victims. Further, a State after experimenting with the Weeks rule for a time may, because of unsatisfactory experience with it, decide to revert to a non-exclusionary rule. And so on. From the standpoint of Constitutional permissibility in pointing a State in one direction or another, I do not see at all why "time has set its face against" the considerations which led Mr. Justice Cardozo, then chief judge of the New York Court of Appeals, to reject for New York in People v. Defore, 242 N.Y. 13, 150 N.E. 585, the Weeks exclusionary rule. For us the question remains, as it has always been, one of state power, not one of passing judgment on the wisdom of one state course or another. In my view this Court should continue to forbear from fettering the States with an adamant rule which may embarrass them in coping with their own peculiar problems in criminal law enforcement.

Further, we are told that imposition of the Weeks rule on the States makes "very good sense," in that it will promote recognition by state and federal officials of their "mutual obligation to respect the same fundamental criteria" in their approach to law enforcement, and will avoid " `needless conflict between state and federal courts.' " Indeed the majority now finds an incongruity *682 in Wolf's discriminating perception between the demands of "ordered liberty" as respects the basic right of "privacy" and the means of securing it among the States. That perception, resting both on a sensitive regard for our federal system and a sound recognition of this Court's remoteness from particular state problems, is for me the strength of that decision.

An approach which regards the issue as one of achieving procedural symmetry or of serving administrative convenience surely disfigures the boundaries of this Court's functions in relation to the state and federal courts. Our role in promulgating the Weeks rule and its extensions in such cases as Rea, Elkins, and Rios[11] was quite a different one than it is here. There, in implementing the Fourth Amendment, we occupied the position of a tribunal having the ultimate responsibility for developing the standards and procedures of judicial administration within the judicial system over which it presides. Here we review state procedures whose measure is to be taken not against the specific substantive commands of the Fourth Amendment but under the flexible contours of the Due Process Clause. I do not believe that the Fourteenth Amendment empowers this Court to mould state remedies effectuating the right to freedom from "arbitrary intrusion by the police" to suit its own notions of how things should be done, as, for instance, the California Supreme Court did in People v. Cahan, 44 Cal. 2d 434, 282 P.2d 905, with reference to procedures in the California courts or as this Court did in Weeks for the lower federal courts.

A state conviction comes to us as the complete product of a sovereign judicial system. Typically a case will have been tried in a trial court, tested in some final appellate *683 court, and will go no further. In the comparatively rare instance when a conviction is reviewed by us on due process grounds we deal then with a finished product in the creation of which we are allowed no hand, and our task, far from being one of over-all supervision, is, speaking generally, restricted to a determination of whether the prosecution was Constitutionally fair. The specifics of trial procedure, which in every mature legal system will vary greatly in detail, are within the sole competence of the States. I do not see how it can be said that a trial becomes unfair simply because a State determines that evidence may be considered by the trier of fact, regardless of how it was obtained, if it is relevant to the one issue with which the trial is concerned, the guilt or innocence of the accused. Of course, a court may use its procedures as an incidental means of pursuing other ends than the correct resolution of the controversies before it. Such indeed is the Weeks rule, but if a State does not choose to use its courts in this way, I do not believe that this Court is empowered to impose this much-debated procedure on local courts, however efficacious we may consider the Weeks rule to be as a means of securing Constitutional rights.

Finally, it is said that the overruling of Wolf is supported by the established doctrine that the admission in evidence of an involuntary confession renders a state conviction Constitutionally invalid. Since such a confession may often be entirely reliable, and therefore of the greatest relevance to the issue of the trial, the argument continues, this doctrine is ample warrant in precedent that the way evidence was obtained, and not just its relevance, is Constitutionally significant to the fairness of a trial. I believe this analogy is not a true one. The "coerced confession" rule is certainly not a rule that any illegally obtained statements may not be used in evidence. I would suppose that a statement which is procured during *684 a period of illegal detention, McNabb v. United States, 318 U.S. 332, is, as much as unlawfully seized evidence, illegally obtained, but this Court has consistently refused to reverse state convictions resting on the use of such statements. Indeed it would seem the Court laid at rest the very argument now made by the majority when in Lisenba v. California, 314 U.S. 219, a state-coerced confession case, it said (at 235):

"It may be assumed [that the] treatment of the petitioner [by the police] . . . deprived him of his liberty without due process and that the petitioner would have been afforded preventive relief if he could have gained access to a court to seek it.
"But illegal acts, as such, committed in the course of obtaining a confession . . . do not furnish an answer to the constitutional question we must decide.. . . The gravamen of his complaint is the unfairness of the use of his confessions, and what occurred in their procurement is relevant only as it bears on that issue." (Emphasis supplied.)
The point, then, must be that in requiring exclusion of an involuntary statement of an accused, we are concerned not with an appropriate remedy for what the police have done, but with something which is regarded as going to the heart of our concepts of fairness in judicial procedure. The operative assumption of our procedural system is that "Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby the accused was interrogated in secret for hours on end." Watts v. Indiana, 338 U.S. 49, 54. See Rogers v. Richmond, 365 U.S. 534, 541. The pressures brought to bear against an accused leading to a confession, unlike an unconstitutional violation of privacy, do not, apart *685 from the use of the confession at trial, necessarily involve independent Constitutional violations. What is crucial is that the trial defense to which an accused is entitled should not be rendered an empty formality by reason of statements wrung from him, for then "a prisoner. . . [has been] made the deluded instrument of his own conviction." 2 Hawkins, Pleas of the Crown (8th ed., 1824), c. 46, § 34. That this is a procedural right, and that its violation occurs at the time his improperly obtained statement is admitted at trial, is manifest. For without this right all the careful safeguards erected around the giving of testimony, whether by an accused or any other witness, would become empty formalities in a procedure where the most compelling possible evidence of guilt, a confession, would have already been obtained at the unsupervised pleasure of the police.

This, and not the disciplining of the police, as with illegally seized evidence, is surely the true basis for excluding a statement of the accused which was unconstitutionally obtained. In sum, I think the coerced confession analogy works strongly against what the Court does today.

In conclusion, it should be noted that the majority opinion in this case is in fact an opinion only for the judgment overruling Wolf, and not for the basic rationale by which four members of the majority have reached that result. For my Brother BLACK is unwilling to subscribe to their view that the Weeks exclusionary rule derives from the Fourth Amendment itself (see ante, p. 661), but joins the majority opinion on the premise that its end result can be achieved by bringing the Fifth Amendment to the aid of the Fourth (see ante, pp. 662-665).[12] On that score I need only say that whatever the validity of *686 the "Fourth-Fifth Amendment" correlation which the Boyd case (116 U.S. 616) found, see 8 Wigmore, Evidence (3d ed. 1940), § 2184, we have only very recently again reiterated the long-established doctrine of this Court that the Fifth Amendment privilege against self-incrimination is not applicable to the States. See Cohen v. Hurley, 366 U.S. 117.

I regret that I find so unwise in principle and so inexpedient in policy a decision motivated by the high purpose of increasing respect for Constitutional rights. But in the last analysis I think this Court can increase respect for the Constitution only if it rigidly respects the limitations which the Constitution places upon it, and respects as well the principles inherent in its own processes. In the present case I think we exceed both, and that our voice becomes only a voice of power, not of reason.

NOTES

[1] The statute provides in pertinent part that

"No person shall knowingly . . . have in his possession or under his control an obscene, lewd, or lascivious book [or] . . . picture . . . .

"Whoever violates this section shall be fined not less than two hundred nor more than two thousand dollars or imprisoned not less than one nor more than seven years, or both."

[2] A police officer testified that "we did pry the screen door to gain entrance"; the attorney on the scene testified that a policeman "tried . . . to kick in the door" and then "broke the glass in the door and somebody reached in and opened the door and let them in"; the appellant testified that "The back door was broken."

[3] Other issues have been raised on this appeal but, in the view we have taken of the case, they need not be decided. Although appellant chose to urge what may have appeared to be the surer ground for favorable disposition and did not insist that Wolf be overruled, the amicus curiae, who was also permitted to participate in the oral argument, did urge the Court to overrule Wolf.

[4] "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[5] The close connection between the concepts later embodied in these two Amendments had been noted at least as early as 1765 by Lord Camden, on whose opinion in Entick v. Carrington, 19 Howell's State Trials 1029, the Boyd court drew heavily. Lord Camden had noted, at 1073:

"It is very certain, that the law obligeth no man to accuse himself; because the necessary means of compelling self-accusation, falling upon the innocent as well as the guilty, would be both cruel and unjust; and it should seem, that search for evidence is disallowed upon the same principle. There too the innocent would be confounded with the guilty."

[6] See, however,National Safe Deposit Co. v. Stead, 232 U.S. 58 (1914), and Adams v. New York, 192 U.S. 585 (1904).

[7] Less than half of the States have any criminal provisions relating directly to unreasonable searches and seizures. The punitive sanctions of the 23 States attempting to control such invasions of the right of privacy may be classified as follows:

Criminal Liability of Affiant for Malicious Procurement of Search Warrant.—Ala. Code, 1958, Tit. 15, § 99; Alaska Comp. Laws Ann., 1949, § 66-7-15; Ariz. Rev. Stat. Ann., 1956, § 13-1454; Cal. Pen. Code § 170; Fla. Stat., 1959, § 933.16; Ga. Code Ann., 1953, § 27-301; Idaho Code Ann., 1948, § 18-709; Iowa Code Ann., 1950, § 751.38; Minn. Stat. Ann., 1947, § 613.54; Mont. Rev. Codes Ann., 1947, § 94-35-122; Nev. Rev. Stat. §§ 199.130, 199.140; N. J. Stat. Ann., 1940, § 33:1-64; N. Y. Pen. Law § 1786, N. Y. Code Crim. Proc. § 811; N. C. Gen. Stat., 1953, § 15-27 (applies to "officers" only); N. D. Century Code Ann., 1960, §§ 12-17-08, 29-29-18; Okla. Stat., 1951, Tit. 21, § 585, Tit. 22, § 1239; Ore. Rev. Stat. § 141.990; S. D. Code, 1939 (Supp. 1960), § 34.9904; Utah Code Ann., 1953, § 77-54-21.

Criminal Liability of Magistrate Issuing Warrant Without Supporting Affidavit.—N. C. Gen. Stat., 1953, § 15-27; Va. Code Ann., 1960 Replacement Volume, § 19.1-89.

Criminal Liability of Officer Willfully Exceeding Authority of Search Warrant.—Fla. Stat. Ann., 1944, § 933.17; Iowa Code Ann., 1950, § 751.39; Minn. Stat. Ann., 1947, § 613.54; Nev. Rev. Stat. § 199.450; N. Y. Pen. Law § 1847, N. Y. Code Crim. Proc. § 812; N. D. Century Code Ann., 1960, §§ 12-17-07, 29-29-19; Okla. Stat., 1951, Tit. 21, § 536, Tit. 22, § 1240; S. D. Code, 1939 (Supp. 1960), § 34.9905; Tenn. Code Ann., 1955, § 40-510; Utah Code Ann., 1953, § 77-54-22.

Criminal Liability of Officer for Search with Invalid Warrant or no Warrant.—Idaho Code Ann., 1948, § 18-703; Minn. Stat. Ann., 1947, §§ 613.53, 621.17; Mo. Ann. Stat., 1953, § 558.190; Mont. Rev. Codes Ann., 1947, § 94-3506; N. J. Stat. Ann., 1940, § 33:1-65; N. Y. Pen. Law § 1846; N. D. Century Code Ann., 1960, § 12-17-06; Okla. Stat. Ann., 1958, Tit. 21, § 535; Utah Code Ann., 1953, § 76-28-52; Va. Code Ann., 1960 Replacement Volume, § 19.1-88; Wash. Rev. Code §§ 10.79.040, 10.79.045.

[8] But compare Waley v. Johnston, 316 U.S. 101, 104, and Chambers v. Florida, 309 U.S. 227, 236, with Weeks v. United States, 232 U.S. 383, and Wolf v. Colorado, 338 U.S. 25.

[9] As is always the case, however, state procedural requirements governing assertion and pursuance of direct and collateral constitutional challenges to criminal prosecutions must be respected. We note, moreover, that the class of state convictions possibly affected by this decision is of relatively narrow compass when compared with Burns v. Ohio, 360 U.S. 252, Griffin v. Illinois, 351 U.S. 12, and Herman v. Claudy, 350 U.S. 116. In those cases the same contention was urged and later proved unfounded. In any case, further delay in reaching the present result could have no effect other than to compound the difficulties.

[10] See the remarks of Mr. Hoover, Director of the Federal Bureau of Investigation, FBI Law Enforcement Bulletin, September, 1952, pp. 1-2, quoted in Elkins v. United States, 364 U.S. 206, 218-219, note 8.

[11] Cf. Marcus v. Search Warrant, post, p. 717.

[1]  232 U.S. 383, decided in 1914.

[2]  338 U.S. 25, 33.

[3] Id., at 39-40.

[4] The interrelationship between the Fourth and the Fifth Amendments in this area does not, of course, justify a narrowing in the interpretation of either of these Amendments with respect to areas in which they operate separately. See Feldman v. United States, 322 U.S. 487, 502-503 (dissenting opinion); Frank v. Maryland, 359 U.S. 360, 374-384 (dissenting opinion).

[5]  116 U.S. 616.

[6] Id., at 633.

[7] 338 U. S., at 47-48.

[8] 116 U. S., at 635. As the Court points out, Mr. Justice Bradley's approach to interpretation of the Bill of Rights stemmed directly from the spirit in which that great charter of liberty was offered for adoption on the floor of the House of Representatives by its framer, James Madison: "If they [the first ten Amendments] are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the Legislative or Executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights." I Annals of Congress 439 (1789).

[9]  342 U.S. 165.

[10] Id., at 173.

[11] Id., at 172.

[12] Id., at 172, 173.

[13] Id., at 174-177.

[14] For the concurring opinion of MR. JUSTICE DOUGLAS see id., at 177-179.

[15]  347 U.S. 128.

[16] Id., at 138.

[17] See also United States v. Rabinowitz, 339 U.S. 56, 66-68 (dissenting opinion).

[1] This "confidential source" told the police, in the same breath, that "there was a large amount of policy paraphernalia being hidden in the home."

[2] The purported warrant has disappeared from the case. The State made no attempt to prove its existence, issuance or contents, either at the trial or on the hearing of a preliminary motion to suppress. The Supreme Court of Ohio said: "There is, in the record, considerable doubt as to whether there ever was any warrant for the search of defendant's home. . . . Admittedly . . . there was no warrant authorizing a search . . . for any `lewd, or lascivious book . . . print, [or] picture.' " 170 Ohio St. 427, 430, 166 N.E.2d 387, 389. (Emphasis added.)

[3] Ohio Rev. Code, § 2905.34: "No person shall knowingly . . . have in his possession or under his control an obscene, lewd, or lascivious book, magazine, pamphlet, paper, writing, advertisement, circular, print, picture . . . or drawing . . . of an indecent or immoral nature. . . . Whoever violates this section shall be fined not less than two hundred nor more than two thousand dollars or imprisoned not less than one nor more than seven years, or both."

[4] "The notice of appeal . . . shall set forth the questions presented by the appeal . . . . Only the questions set forth in the notice of appeal or fairly comprised therein will be considered by the court." Rule 10 (2) (c), Rules of the Supreme Court of the United States.

[5] "Did the conduct of the police in procuring the books, papers and pictures placed in evidence by the Prosecution violate Amendment IV, Amendment V, and Amendment XIV Section 1 of the United States Constitution . . . ?"

[1] The material parts of that law are quoted in note 1 of the Court's opinion. Ante, p. 643.

[2] In its note 3, ante, p. 646, the Court, it seems to me, has turned upside down the relative importance of appellant's reliance on the various points made by him on this appeal.

[3] See 170 Ohio St. 427, 166 N.E.2d 387. Because of the unusual provision of the Ohio Constitution requiring "the concurrence of at least all but one of the judges" of the Ohio Supreme Court before a state law is held unconstitutional (except in the case of affirmance of a holding of unconstitutionality by the Ohio Court of Appeals), Ohio Const., Art. IV, § 2, the State Supreme Court was compelled to uphold the constitutionality of § 2905.34, despite the fact that four of its seven judges thought the statute offensive to the Fourteenth Amendment.

[4] Respecting the "substantiality" of the federal questions tendered by this appeal, appellant's Jurisdictional Statement contained the following:

"The Federal questions raised by this appeal are substantial for the following reasons:

"The Ohio Statute under which the defendant was convicted violates one's sacred right to own and hold property, which has been held inviolate by the Federal Constitution. The right of the individual `to read, to believe or disbelieve, and to think without governmental supervision is one of our basic liberties, but to dictate to the mature adult what books he may have in his own private library seems to be a clear infringement of the constitutional rights of the individual' (Justice Herbert's dissenting Opinion, Appendix `A'). Many convictions have followed that of the defendant in the State Courts of Ohio based upon this very same statute. Unless this Honorable Court hears this matter and determines once and for all that the Statute is unconstitutional as defendant contends, there will be many such appeals. When Sections 2905.34, 2905.37 and 3767.01 of the Ohio Revised Code [the latter two Sections providing exceptions to the coverage of § 2905.34 and related provisions of Ohio's obscenity statutes] are read together, . . . they obviously contravene the Federal and State constitutional provisions; by being convicted under the Statute involved herein, and in the manner in which she was convicted, Defendant-Appellant has been denied due process of law; a sentence of from one (1) to seven (7) years in a penal institution for alleged violation of this unconstitutional section of the Ohio Revised Code deprives the defendant of her right to liberty and the pursuit of happiness, contrary to the Federal and State constitutional provisions, for circumstances which she herself did not put in motion, and is a cruel and unusual punishment inflicted upon her contrary to the State and Federal Constitutions."

[5] The appellant's brief did not urge the overruling of Wolf. Indeed it did not even cite the case. The brief of the appellee merely relied on Wolf in support of the State's contention that appellant's conviction was not vitiated by the admission in evidence of the fruits of the alleged unlawful search and seizure by the police. The brief of the American and Ohio Civil Liberties Unions, as amici, did in one short concluding paragraph of its argument "request" the Court to re-examine and overrule Wolf, but without argumentation. I quote in full this part of their brief:

"This case presents the issue of whether evidence obtained in an illegal search and seizure can constitutionally be used in a State criminal proceeding. We are aware of the view that this Court has taken on this issue in Wolf v. Colorado, 338 U.S. 25. It is our purpose by this paragraph to respectfully request that this Court re-examine this issue and conclude that the ordered liberty concept guaranteed to persons by the due process clause of the Fourteenth Amendment necessarily requires that evidence illegally obtained in violation thereof, not be admissible in state criminal proceedings."

[6] Counsel for appellant on oral argument, as in his brief, did not urge that Wolf be overruled. Indeed, when pressed by questioning from the bench whether he was not in fact urging us to overrule Wolf, counsel expressly disavowed any such purpose.

[7] "2905.37 LEGITIMATE PUBLICATIONS NOT OBSCENE.

"Sections 2905.33 to 2905.36, inclusive, of the Revised Code do not affect teaching in regularly chartered medical colleges, the publication of standard medical books, or regular practitioners of medicine or druggists in their legitimate business, nor do they affect the publication and distribution of bona fide works of art. No articles specified in sections 2905.33, 2905.34, and 2905.36 of the Revised Code shall be considered a work of art unless such article is made, published, and distributed by a bona fide association of artists or an association for the advancement of art whose demonstrated purpose does not contravene sections 2905.06 to 2905.44, inclusive, of the Revised Code, and which is not organized for profit."

§ 3767.01 (C)

"This section and sections 2905.34, . . . 2905.37 . . . of the Revised Code shall not affect . . . any newspaper, magazine, or other publication entered as second class matter by the post-office department."

[8] The Ohio Supreme Court, in its construction of § 2905.34, controlling upon us here, refused to import into it any other exceptions than those expressly provided by the statute. See note 7, supra. Instead it held that "If anyone looks at a book and finds it lewd, he is forthwith, under this legislation, guilty . . . ."

[9] See Wolf v. Colorado, 338 U. S., at 39-40; Irvine v. California. 347 U.S. 128, 133-134, and at 138-139. In the latter case, decided in 1954, Mr. Justice Jackson, writing for the majority, said (at p. 134): "We think that the Wolf decision should not be overruled, for the reasons so persuasively stated therein." Compare Schwartz v. Texas. 344 U.S. 199, and Stefanelli v. Minard, 342 U.S. 117, in which the Wolf case was discussed and in no way disapproved. And see Pugach v. Dollinger, 365 U.S. 458, which relied on Schwartz.

[10] Actually, only four members of the majority support this reasoning. See pp. 685-686, infra.

[11] Rea v. United States, 350 U.S. 214; Elkins v. United States, 364 U.S. 206; Rios v. United States, 364 U.S. 253.

[12] My Brother STEWART concurs in the Court's judgment on grounds which have nothing to do with Wolf.

text: Mapp

text: v

text: Ohio

text: U

text: S

text: Supreme

text: Court

text: of

text: the

text: United

text: States

text: Filed

text: October

text: th

text: Precedential

text: Status

text: Precedential

text: Citations

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: U

text: S

text: LEXIS

text: Docket

text: Number

text: Supreme

text: Court

text: Database

text: ID

text: Author

text: Tom

text: C

text: Clark

text: U

text: S

text: MAPP

text: v

text: OHIO

text: No

text: Supreme

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text: of

text: United

text: States

text: Argued

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text: Decided

text: June

text: APPEAL

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text: THE

text: SUPREME

text: COURT

text: OF

text: OHIO

text: A

text: L

text: Kearns

text: argued

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text: cause

text: for

text: appellant

text: With

text: him

text: on

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text: brief

text: was

text: Walter

text: L

text: Greene

text: Gertrude

text: Bauer

text: Mahon

text: argued

text: the

text: cause

text: for

text: appellee

text: With

text: her

text: on

text: the

text: brief

text: was

text: John

text: T

text: Corrigan

text: Bernard

text: A

text: Berkman

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text: American

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text: Rowland

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text: MR

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text: CLARK

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text: s

text: Revised

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text: As

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text: syllabus

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text: opinion

text: the

text: Supreme

text: Court

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text: pictures

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text: seized

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text: unlawful

text: search

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text: s

text: home

text: Ohio

text: St

text: N

text: E

text: d

text: On

text: May

text: three

text: Cleveland

text: police

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text: arrived

text: at

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text: s

text: residence

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text: city

text: pursuant

text: to

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text: a

text: person

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text: was

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text: large

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text: of

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text: being

text: hidden

text: in

text: the

text: home

text: Miss

text: Mapp

text: and

text: her

text: daughter

text: by

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text: former

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text: on

text: the

text: top

text: floor

text: of

text: the

text: two

text: family

text: dwelling

text: Upon

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text: arrival

text: at

text: that

text: house

text: the

text: officers

text: knocked

text: on

text: the

text: door

text: and

text: demanded

text: entrance

text: but

text: appellant

text: after

text: telephoning

text: her

text: attorney

text: refused

text: to

text: admit

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text: without

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text: search

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text: They

text: advised

text: their

text: headquarters

text: of

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text: situation

text: and

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text: surveillance

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text: house

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text: again

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text: hours

text: later

text: when

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text: or

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text: officers

text: arrived

text: on

text: the

text: scene

text: When

text: Miss

text: Mapp

text: did

text: not

text: come

text: to

text: the

text: door

text: immediately

text: at

text: least

text: one

text: of

text: the

text: several

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text: to

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text: house

text: was

text: forcibly

text: opened

text: and

text: the

text: policemen

text: gained

text: admittance

text: Meanwhile

text: Miss

text: Mapp

text: s

text: attorney

text: arrived

text: but

text: the

text: officers

text: having

text: secured

text: their

text: own

text: entry

text: and

text: continuing

text: in

text: their

text: defiance

text: of

text: the

text: law

text: would

text: permit

text: him

text: neither

text: to

text: see

text: Miss

text: Mapp

text: nor

text: to

text: enter

text: the

text: house

text: It

text: appears

text: that

text: Miss

text: Mapp

text: was

text: halfway

text: down

text: the

text: stairs

text: from

text: the

text: upper

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text: to

text: the

text: front

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text: when

text: the

text: officers

text: in

text: this

text: highhanded

text: manner

text: broke

text: into

text: the

text: hall

text: She

text: demanded

text: to

text: see

text: the

text: search

text: warrant

text: A

text: paper

text: claimed

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text: be

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text: warrant

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text: officers

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text: warrant

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text: in

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text: bosom

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text: struggle

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text: in

text: which

text: the

text: officers

text: recovered

text: the

text: piece

text: of

text: paper

text: and

text: as

text: a

text: result

text: of

text: which

text: they

text: handcuffed

text: appellant

text: because

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text: had

text: been

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text: in

text: resisting

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text: of

text: the

text: warrant

text: from

text: her

text: person

text: Running

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text: over

text: appellant

text: a

text: policeman

text: grabbed

text: her

text: twisted

text: her

text: hand

text: and

text: she

text: yelled

text: and

text: pleaded

text: with

text: him

text: because

text: it

text: was

text: hurting

text: Appellant

text: in

text: handcuffs

text: was

text: then

text: forcibly

text: taken

text: upstairs

text: to

text: her

text: bedroom

text: where

text: the

text: officers

text: searched

text: a

text: dresser

text: a

text: chest

text: of

text: drawers

text: a

text: closet

text: and

text: some

text: suitcases

text: They

text: also

text: looked

text: into

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text: photo

text: album

text: and

text: through

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text: belonging

text: to

text: the

text: appellant

text: The

text: search

text: spread

text: to

text: the

text: rest

text: of

text: the

text: second

text: floor

text: including

text: the

text: child

text: s

text: bedroom

text: the

text: living

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text: the

text: kitchen

text: and

text: a

text: dinette

text: The

text: basement

text: of

text: the

text: building

text: and

text: a

text: trunk

text: found

text: therein

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text: also

text: searched

text: The

text: obscene

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text: for

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text: of

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text: was

text: ultimately

text: convicted

text: were

text: discovered

text: in

text: the

text: course

text: of

text: that

text: widespread

text: search

text: At

text: the

text: trial

text: no

text: search

text: warrant

text: was

text: produced

text: by

text: the

text: prosecution

text: nor

text: was

text: the

text: failure

text: to

text: produce

text: one

text: explained

text: or

text: accounted

text: for

text: At

text: best

text: There

text: is

text: in

text: the

text: record

text: considerable

text: doubt

text: as

text: to

text: whether

text: there

text: ever

text: was

text: any

text: warrant

text: for

text: the

text: search

text: of

text: defendant

text: s

text: home

text: Ohio

text: St

text: at

text: N

text: E

text: d

text: at

text: The

text: Ohio

text: Supreme

text: Court

text: believed

text: a

text: reasonable

text: argument

text: could

text: be

text: made

text: that

text: the

text: conviction

text: should

text: be

text: reversed

text: because

text: the

text: methods

text: employed

text: to

text: obtain

text: the

text: evidence

text: were

text: such

text: as

text: to

text: offend

text: a

text: sense

text: of

text: justice

text: but

text: the

text: court

text: found

text: determinative

text: the

text: fact

text: that

text: the

text: evidence

text: had

text: not

text: been

text: taken

text: from

text: defendant

text: s

text: person

text: by

text: the

text: use

text: of

text: brutal

text: or

text: offensive

text: physical

text: force

text: against

text: defendant

text: Ohio

text: St

text: at

text: N

text: E

text: d

text: at

text: The

text: State

text: says

text: that

text: even

text: if

text: the

text: search

text: were

text: made

text: without

text: authority

text: or

text: otherwise

text: unreasonably

text: it

text: is

text: not

text: prevented

text: from

text: using

text: the

text: unconstitutionally

text: seized

text: evidence

text: at

text: trial

text: citing

text: Wolf

text: v

text: Colorado

text: U

text: S

text: in

text: which

text: this

text: Court

text: did

text: indeed

text: hold

text: that

text: in

text: a

text: prosecution

text: in

text: a

text: State

text: court

text: for

text: a

text: State

text: crime

text: the

text: Fourteenth

text: Amendment

text: does

text: not

text: forbid

text: the

text: admission

text: of

text: evidence

text: obtained

text: by

text: an

text: unreasonable

text: search

text: and

text: seizure

text: At

text: p

text: On

text: this

text: appeal

text: of

text: which

text: we

text: have

text: noted

text: probable

text: jurisdiction

text: U

text: S

text: it

text: is

text: urged

text: once

text: again

text: that

text: we

text: review

text: that

text: holding

text: I

text: Seventy

text: five

text: years

text: ago

text: in

text: Boyd

text: v

text: United

text: States

text: U

text: S

text: considering

text: the

text: Fourth

text: and

text: Fifth

text: Amendments

text: as

text: running

text: almost

text: into

text: each

text: other

text: on

text: the

text: facts

text: before

text: it

text: this

text: Court

text: held

text: that

text: the

text: doctrines

text: of

text: those

text: Amendments

text: apply

text: to

text: all

text: invasions

text: on

text: the

text: part

text: of

text: the

text: government

text: and

text: its

text: employes

text: of

text: the

text: sanctity

text: of

text: a

text: man

text: s

text: home

text: and

text: the

text: privacies

text: of

text: life

text: It

text: is

text: not

text: the

text: breaking

text: of

text: his

text: doors

text: and

text: the

text: rummaging

text: of

text: his

text: drawers

text: that

text: constitutes

text: the

text: essence

text: of

text: the

text: offence

text: but

text: it

text: is

text: the

text: invasion

text: of

text: his

text: indefeasible

text: right

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text: own

text: testimony

text: or

text: of

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text: private

text: papers

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text: be

text: used

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text: convict

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text: crime

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text: forfeit

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text: Amendments

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text: constitutional

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text: the

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text: property

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text: liberally

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text: duty

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text: the

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text: pp

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text: and

text: seizure

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text: Colorado

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text: be

text: a

text: clear

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text: constitutionally

text: required

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text: the

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text: have

text: been

text: reduced

text: to

text: a

text: form

text: of

text: words

text: Holmes

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text: Silverthorne

text: Lumber

text: Co

text: v

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text: that

text: conviction

text: by

text: means

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text: unlawful

text: seizures

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text: enforced

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text: find

text: no

text: sanction

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text: the

text: judgments

text: of

text: the

text: courts

text: Weeks

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text: United

text: States

text: supra

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text: and

text: that

text: such

text: evidence

text: shall

text: not

text: be

text: used

text: at

text: all

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text: Lumber

text: Co

text: v

text: United

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text: There

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text: passing

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text: the

text: Weeks

text: rule

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text: being

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text: evidence

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text: the

text: plain

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text: unequivocal

text: language

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text: paraphrase

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text: Wolf

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text: the

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text: constitutional

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text: Byars

text: v

text: United

text: States

text: U

text: S

text: a

text: unanimous

text: Court

text: declared

text: that

text: the

text: doctrine

text: cannot

text: be

text: tolerated

text: under

text: our

text: constitutional

text: system

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text: evidences

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text: crime

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text: a

text: federal

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text: victim

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text: the

text: unlawful

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text: where

text: a

text: timely

text: challenge

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text: been

text: interposed

text: At

text: pp

text: emphasis

text: added

text: The

text: Court

text: in

text: Olmstead

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text: United

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text: S

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text: Weeks

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text: declaration

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text: the

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text: forbade

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text: government

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text: violation

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text: Amendment

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text: p

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text: statement

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text: conviction

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text: federal

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text: foundation

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text: evidence

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text: disregard

text: of

text: liberties

text: deemed

text: fundamental

text: by

text: the

text: Constitution

text: cannot

text: stand

text: Boyd

text: v

text: United

text: States

text: Weeks

text: v

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text: States

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text: this

text: Court

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text: grounds

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text: aside

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text: the

text: federal

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text: state

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text: were

text: based

text: upon

text: confessions

text: secured

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text: protracted

text: and

text: repeated

text: questioning

text: of

text: ignorant

text: and

text: untutored

text: persons

text: in

text: whose

text: minds

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text: power

text: of

text: officers

text: was

text: greatly

text: magnified

text: or

text: who

text: have

text: been

text: unlawfully

text: held

text: incommunicado

text: without

text: advice

text: of

text: friends

text: or

text: counsel

text: At

text: pp

text: Significantly

text: in

text: McNabb

text: the

text: Court

text: did

text: then

text: pass

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text: to

text: formulate

text: a

text: rule

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text: evidence

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text: view

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text: the

text: Constitutional

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text: t

text: he

text: principles

text: governing

text: the

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text: of

text: evidence

text: in

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text: criminal

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text: restricted

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text: those

text: derived

text: solely

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text: the

text: Constitution

text: At

text: pp

text: II

text: In

text: years

text: after

text: Weeks

text: was

text: announced

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text: Court

text: in

text: Wolf

text: v

text: Colorado

text: supra

text: again

text: for

text: the

text: first

text: time

text: discussed

text: the

text: effect

text: of

text: the

text: Fourth

text: Amendment

text: upon

text: the

text: States

text: through

text: the

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text: the

text: Due

text: Process

text: Clause

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text: the

text: Fourteenth

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text: W

text: e

text: have

text: no

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text: were

text: a

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text: sanction

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text: incursion

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text: the

text: guaranty

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text: the

text: Fourteenth

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text: that

text: the

text: security

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text: privacy

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text: police

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text: implicit

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text: concept

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text: liberty

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text: as

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text: enforceable

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text: the

text: States

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text: Process

text: Clause

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text: Palko

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text: Connecticut

text: U

text: S

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text: announcing

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text: it

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text: adhere

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text: the

text: Weeks

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text: the

text: Weeks

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text: rule

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text: an

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text: the

text: right

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text: right

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text: curb

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text: the

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text: the

text: Due

text: Process

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text: had

text: been

text: posited

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text: part

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text: parcel

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text: the

text: Fourth

text: Amendment

text: s

text: limitation

text: upon

text: federal

text: encroachment

text: of

text: individual

text: privacy

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text: bottomed

text: on

text: factual

text: considerations

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text: an

text: essential

text: ingredient

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text: right

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text: vouchsafed

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text: Due

text: Process

text: Clause

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text: will

text: consider

text: the

text: current

text: validity

text: of

text: the

text: factual

text: grounds

text: upon

text: which

text: Wolf

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text: based

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text: Court

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text: t

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text: contrariety

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text: p

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text: deterrent

text: remedy

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text: overriding

text: the

text: States

text: relevant

text: rules

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text: evidence

text: At

text: pp

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text: the

text: Wolf

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text: the

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text: decision

text: have

text: wholly

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text: adopted

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text: adhered

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text: the

text: Weeks

text: rule

text: See

text: Elkins

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text: United

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text: U

text: S

text: Appendix

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text: Significantly

text: among

text: those

text: now

text: following

text: the

text: rule

text: is

text: California

text: which

text: according

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text: its

text: highest

text: court

text: was

text: compelled

text: to

text: reach

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text: conclusion

text: because

text: other

text: remedies

text: have

text: completely

text: failed

text: to

text: secure

text: compliance

text: with

text: the

text: constitutional

text: provisions

text: People

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text: connection

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text: California

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text: note

text: that

text: the

text: second

text: basis

text: elaborated

text: in

text: Wolf

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text: support

text: of

text: its

text: failure

text: to

text: enforce

text: the

text: exclusionary

text: doctrine

text: against

text: the

text: States

text: was

text: that

text: other

text: means

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text: protection

text: have

text: been

text: afforded

text: the

text: right

text: to

text: privacy

text: U

text: S

text: at

text: The

text: experience

text: of

text: California

text: that

text: such

text: other

text: remedies

text: have

text: been

text: worthless

text: and

text: futile

text: is

text: buttressed

text: by

text: the

text: experience

text: of

text: other

text: States

text: The

text: obvious

text: futility

text: of

text: relegating

text: the

text: Fourth

text: Amendment

text: to

text: the

text: protection

text: of

text: other

text: remedies

text: has

text: moreover

text: been

text: recognized

text: by

text: this

text: Court

text: since

text: Wolf

text: See

text: Irvine

text: v

text: California

text: U

text: S

text: Likewise

text: time

text: has

text: set

text: its

text: face

text: against

text: what

text: Wolf

text: called

text: the

text: weighty

text: testimony

text: of

text: People

text: v

text: Defore

text: N

text: Y

text: N

text: E

text: There

text: Justice

text: then

text: Judge

text: Cardozo

text: rejecting

text: adoption

text: of

text: the

text: Weeks

text: exclusionary

text: rule

text: in

text: New

text: York

text: had

text: said

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text: t

text: he

text: Federal

text: rule

text: as

text: it

text: stands

text: is

text: either

text: too

text: strict

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text: too

text: lax

text: N

text: Y

text: at

text: N

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text: at

text: However

text: the

text: force

text: of

text: that

text: reasoning

text: has

text: been

text: largely

text: vitiated

text: by

text: later

text: decisions

text: of

text: this

text: Court

text: These

text: include

text: the

text: recent

text: discarding

text: of

text: the

text: silver

text: platter

text: doctrine

text: which

text: allowed

text: federal

text: judicial

text: use

text: of

text: evidence

text: seized

text: in

text: violation

text: of

text: the

text: Constitution

text: by

text: state

text: agents

text: Elkins

text: v

text: United

text: States

text: supra

text: the

text: relaxation

text: of

text: the

text: formerly

text: strict

text: requirements

text: as

text: to

text: standing

text: to

text: challenge

text: the

text: use

text: of

text: evidence

text: thus

text: seized

text: so

text: that

text: now

text: the

text: procedure

text: of

text: exclusion

text: ultimately

text: referable

text: to

text: constitutional

text: safeguards

text: is

text: available

text: to

text: anyone

text: even

text: legitimately

text: on

text: the

text: premises

text: unlawfully

text: searched

text: Jones

text: v

text: United

text: States

text: U

text: S

text: and

text: finally

text: the

text: formulation

text: of

text: a

text: method

text: to

text: prevent

text: state

text: use

text: of

text: evidence

text: unconstitutionally

text: seized

text: by

text: federal

text: agents

text: Rea

text: v

text: United

text: States

text: U

text: S

text: Because

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text: can

text: be

text: no

text: fixed

text: formula

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text: are

text: admittedly

text: met

text: with

text: recurring

text: questions

text: of

text: the

text: reasonableness

text: of

text: searches

text: but

text: less

text: is

text: not

text: to

text: be

text: expected

text: when

text: dealing

text: with

text: a

text: Constitution

text: and

text: at

text: any

text: rate

text: r

text: easonableness

text: is

text: in

text: the

text: first

text: instance

text: for

text: the

text: trial

text: court

text: to

text: determine

text: United

text: States

text: v

text: Rabinowitz

text: U

text: S

text: It

text: therefore

text: plainly

text: appears

text: that

text: the

text: factual

text: considerations

text: supporting

text: the

text: failure

text: of

text: the

text: Wolf

text: Court

text: to

text: include

text: the

text: Weeks

text: exclusionary

text: rule

text: when

text: it

text: recognized

text: the

text: enforceability

text: of

text: the

text: right

text: to

text: privacy

text: against

text: the

text: States

text: in

text: while

text: not

text: basically

text: relevant

text: to

text: the

text: constitutional

text: consideration

text: could

text: not

text: in

text: any

text: analysis

text: now

text: be

text: deemed

text: controlling

text: III

text: Some

text: five

text: years

text: after

text: Wolf

text: in

text: answer

text: to

text: a

text: plea

text: made

text: here

text: Term

text: after

text: Term

text: that

text: we

text: overturn

text: its

text: doctrine

text: on

text: applicability

text: of

text: the

text: Weeks

text: exclusionary

text: rule

text: this

text: Court

text: indicated

text: that

text: such

text: should

text: not

text: be

text: done

text: until

text: the

text: States

text: had

text: adequate

text: opportunity

text: to

text: adopt

text: or

text: reject

text: the

text: Weeks

text: rule

text: Irvine

text: v

text: California

text: supra

text: at

text: There

text: again

text: it

text: was

text: said

text: Never

text: until

text: June

text: of

text: did

text: this

text: Court

text: hold

text: the

text: basic

text: search

text: and

text: seizure

text: prohibition

text: in

text: any

text: way

text: applicable

text: to

text: the

text: states

text: under

text: the

text: Fourteenth

text: Amendment

text: Ibid

text: And

text: only

text: last

text: Term

text: after

text: again

text: carefully

text: re

text: examining

text: the

text: Wolf

text: doctrine

text: in

text: Elkins

text: v

text: United

text: States

text: supra

text: the

text: Court

text: pointed

text: out

text: that

text: the

text: controlling

text: principles

text: as

text: to

text: search

text: and

text: seizure

text: and

text: the

text: problem

text: of

text: admissibility

text: seemed

text: clear

text: at

text: p

text: until

text: the

text: announcement

text: in

text: Wolf

text: that

text: the

text: Due

text: Process

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: does

text: not

text: itself

text: require

text: state

text: courts

text: to

text: adopt

text: the

text: exclusionary

text: rule

text: of

text: the

text: Weeks

text: case

text: At

text: p

text: At

text: the

text: same

text: time

text: the

text: Court

text: pointed

text: out

text: the

text: underlying

text: constitutional

text: doctrine

text: which

text: Wolf

text: established

text: that

text: the

text: Federal

text: Constitution

text: prohibits

text: unreasonable

text: searches

text: and

text: seizures

text: by

text: state

text: officers

text: had

text: undermined

text: the

text: foundation

text: upon

text: which

text: the

text: admissibility

text: of

text: stateseized

text: evidence

text: in

text: a

text: federal

text: trial

text: originally

text: rested

text: Ibid

text: The

text: Court

text: concluded

text: that

text: it

text: was

text: therefore

text: obliged

text: to

text: hold

text: although

text: it

text: chose

text: the

text: narrower

text: ground

text: on

text: which

text: to

text: do

text: so

text: that

text: all

text: evidence

text: obtained

text: by

text: an

text: unconstitutional

text: search

text: and

text: seizure

text: was

text: inadmissible

text: in

text: a

text: federal

text: court

text: regardless

text: of

text: its

text: source

text: Today

text: we

text: once

text: again

text: examine

text: Wolf

text: s

text: constitutional

text: documentation

text: of

text: the

text: right

text: to

text: privacy

text: free

text: from

text: unreasonable

text: state

text: intrusion

text: and

text: after

text: its

text: dozen

text: years

text: on

text: our

text: books

text: are

text: led

text: by

text: it

text: to

text: close

text: the

text: only

text: courtroom

text: door

text: remaining

text: open

text: to

text: evidence

text: secured

text: by

text: official

text: lawlessness

text: in

text: flagrant

text: abuse

text: of

text: that

text: basic

text: right

text: reserved

text: to

text: all

text: persons

text: as

text: a

text: specific

text: guarantee

text: against

text: that

text: very

text: same

text: unlawful

text: conduct

text: We

text: hold

text: that

text: all

text: evidence

text: obtained

text: by

text: searches

text: and

text: seizures

text: in

text: violation

text: of

text: the

text: Constitution

text: is

text: by

text: that

text: same

text: authority

text: inadmissible

text: in

text: a

text: state

text: court

text: IV

text: Since

text: the

text: Fourth

text: Amendment

text: s

text: right

text: of

text: privacy

text: has

text: been

text: declared

text: enforceable

text: against

text: the

text: States

text: through

text: the

text: Due

text: Process

text: Clause

text: of

text: the

text: Fourteenth

text: it

text: is

text: enforceable

text: against

text: them

text: by

text: the

text: same

text: sanction

text: of

text: exclusion

text: as

text: is

text: used

text: against

text: the

text: Federal

text: Government

text: Were

text: it

text: otherwise

text: then

text: just

text: as

text: without

text: the

text: Weeks

text: rule

text: the

text: assurance

text: against

text: unreasonable

text: federal

text: searches

text: and

text: seizures

text: would

text: be

text: a

text: form

text: of

text: words

text: valueless

text: and

text: undeserving

text: of

text: mention

text: in

text: a

text: perpetual

text: charter

text: of

text: inestimable

text: human

text: liberties

text: so

text: too

text: without

text: that

text: rule

text: the

text: freedom

text: from

text: state

text: invasions

text: of

text: privacy

text: would

text: be

text: so

text: ephemeral

text: and

text: so

text: neatly

text: severed

text: from

text: its

text: conceptual

text: nexus

text: with

text: the

text: freedom

text: from

text: all

text: brutish

text: means

text: of

text: coercing

text: evidence

text: as

text: not

text: to

text: merit

text: this

text: Court

text: s

text: high

text: regard

text: as

text: a

text: freedom

text: implicit

text: in

text: the

text: concept

text: of

text: ordered

text: liberty

text: At

text: the

text: time

text: that

text: the

text: Court

text: held

text: in

text: Wolf

text: that

text: the

text: Amendment

text: was

text: applicable

text: to

text: the

text: States

text: through

text: the

text: Due

text: Process

text: Clause

text: the

text: cases

text: of

text: this

text: Court

text: as

text: we

text: have

text: seen

text: had

text: steadfastly

text: held

text: that

text: as

text: to

text: federal

text: officers

text: the

text: Fourth

text: Amendment

text: included

text: the

text: exclusion

text: of

text: the

text: evidence

text: seized

text: in

text: violation

text: of

text: its

text: provisions

text: Even

text: Wolf

text: stoutly

text: adhered

text: to

text: that

text: proposition

text: The

text: right

text: to

text: privacy

text: when

text: conceded

text: operatively

text: enforceable

text: against

text: the

text: States

text: was

text: not

text: susceptible

text: of

text: destruction

text: by

text: avulsion

text: of

text: the

text: sanction

text: upon

text: which

text: its

text: protection

text: and

text: enjoyment

text: had

text: always

text: been

text: deemed

text: dependent

text: under

text: the

text: Boyd

text: Weeks

text: and

text: Silverthorne

text: cases

text: Therefore

text: in

text: extending

text: the

text: substantive

text: protections

text: of

text: due

text: process

text: to

text: all

text: constitutionally

text: unreasonable

text: searches

text: state

text: or

text: federal

text: it

text: was

text: logically

text: and

text: constitutionally

text: necessary

text: that

text: the

text: exclusion

text: doctrine

text: an

text: essential

text: part

text: of

text: the

text: right

text: to

text: privacy

text: be

text: also

text: insisted

text: upon

text: as

text: an

text: essential

text: ingredient

text: of

text: the

text: right

text: newly

text: recognized

text: by

text: the

text: Wolf

text: case

text: In

text: short

text: the

text: admission

text: of

text: the

text: new

text: constitutional

text: right

text: by

text: Wolf

text: could

text: not

text: consistently

text: tolerate

text: denial

text: of

text: its

text: most

text: important

text: constitutional

text: privilege

text: namely

text: the

text: exclusion

text: of

text: the

text: evidence

text: which

text: an

text: accused

text: had

text: been

text: forced

text: to

text: give

text: by

text: reason

text: of

text: the

text: unlawful

text: seizure

text: To

text: hold

text: otherwise

text: is

text: to

text: grant

text: the

text: right

text: but

text: in

text: reality

text: to

text: withhold

text: its

text: privilege

text: and

text: enjoyment

text: Only

text: last

text: year

text: the

text: Court

text: itself

text: recognized

text: that

text: the

text: purpose

text: of

text: the

text: exclusionary

text: rule

text: is

text: to

text: deter

text: to

text: compel

text: respect

text: for

text: the

text: constitutional

text: guaranty

text: in

text: the

text: only

text: effectively

text: available

text: way

text: by

text: removing

text: the

text: incentive

text: to

text: disregard

text: it

text: Elkins

text: v

text: United

text: States

text: supra

text: at

text: Indeed

text: we

text: are

text: aware

text: of

text: no

text: restraint

text: similar

text: to

text: that

text: rejected

text: today

text: conditioning

text: the

text: enforcement

text: of

text: any

text: other

text: basic

text: constitutional

text: right

text: The

text: right

text: to

text: privacy

text: no

text: less

text: important

text: than

text: any

text: other

text: right

text: carefully

text: and

text: particularly

text: reserved

text: to

text: the

text: people

text: would

text: stand

text: in

text: marked

text: contrast

text: to

text: all

text: other

text: rights

text: declared

text: as

text: basic

text: to

text: a

text: free

text: society

text: Wolf

text: v

text: Colorado

text: supra

text: at

text: This

text: Court

text: has

text: not

text: hesitated

text: to

text: enforce

text: as

text: strictly

text: against

text: the

text: States

text: as

text: it

text: does

text: against

text: the

text: Federal

text: Government

text: the

text: rights

text: of

text: free

text: speech

text: and

text: of

text: a

text: free

text: press

text: the

text: rights

text: to

text: notice

text: and

text: to

text: a

text: fair

text: public

text: trial

text: including

text: as

text: it

text: does

text: the

text: right

text: not

text: to

text: be

text: convicted

text: by

text: use

text: of

text: a

text: coerced

text: confession

text: however

text: logically

text: relevant

text: it

text: be

text: and

text: without

text: regard

text: to

text: its

text: reliability

text: Rogers

text: v

text: Richmond

text: U

text: S

text: And

text: nothing

text: could

text: be

text: more

text: certain

text: than

text: that

text: when

text: a

text: coerced

text: confession

text: is

text: involved

text: the

text: relevant

text: rules

text: of

text: evidence

text: are

text: overridden

text: without

text: regard

text: to

text: the

text: incidence

text: of

text: such

text: conduct

text: by

text: the

text: police

text: slight

text: or

text: frequent

text: Why

text: should

text: not

text: the

text: same

text: rule

text: apply

text: to

text: what

text: is

text: tantamount

text: to

text: coerced

text: testimony

text: by

text: way

text: of

text: unconstitutional

text: seizure

text: of

text: goods

text: papers

text: effects

text: documents

text: etc

text: We

text: find

text: that

text: as

text: to

text: the

text: Federal

text: Government

text: the

text: Fourth

text: and

text: Fifth

text: Amendments

text: and

text: as

text: to

text: the

text: States

text: the

text: freedom

text: from

text: unconscionable

text: invasions

text: of

text: privacy

text: and

text: the

text: freedom

text: from

text: convictions

text: based

text: upon

text: coerced

text: confessions

text: do

text: enjoy

text: an

text: intimate

text: relation

text: in

text: their

text: perpetuation

text: of

text: principles

text: of

text: humanity

text: and

text: civil

text: liberty

text: secured

text: only

text: after

text: years

text: of

text: struggle

text: Bram

text: v

text: United

text: States

text: U

text: S

text: They

text: express

text: supplementing

text: phases

text: of

text: the

text: same

text: constitutional

text: purpose

text: to

text: maintain

text: inviolate

text: large

text: areas

text: of

text: personal

text: privacy

text: Feldman

text: v

text: United

text: States

text: U

text: S

text: The

text: philosophy

text: of

text: each

text: Amendment

text: and

text: of

text: each

text: freedom

text: is

text: complementary

text: to

text: although

text: not

text: dependent

text: upon

text: that

text: of

text: the

text: other

text: in

text: its

text: sphere

text: of

text: influence

text: the

text: very

text: least

text: that

text: together

text: they

text: assure

text: in

text: either

text: sphere

text: is

text: that

text: no

text: man

text: is

text: to

text: be

text: convicted

text: on

text: unconstitutional

text: evidence

text: Cf

text: Rochin

text: v

text: California

text: U

text: S

text: V

text: Moreover

text: our

text: holding

text: that

text: the

text: exclusionary

text: rule

text: is

text: an

text: essential

text: part

text: of

text: both

text: the

text: Fourth

text: and

text: Fourteenth

text: Amendments

text: is

text: not

text: only

text: the

text: logical

text: dictate

text: of

text: prior

text: cases

text: but

text: it

text: also

text: makes

text: very

text: good

text: sense

text: There

text: is

text: no

text: war

text: between

text: the

text: Constitution

text: and

text: common

text: sense

text: Presently

text: a

text: federal

text: prosecutor

text: may

text: make

text: no

text: use

text: of

text: evidence

text: illegally

text: seized

text: but

text: a

text: State

text: s

text: attorney

text: across

text: the

text: street

text: may

text: although

text: he

text: supposedly

text: is

text: operating

text: under

text: the

text: enforceable

text: prohibitions

text: of

text: the

text: same

text: Amendment

text: Thus

text: the

text: State

text: by

text: admitting

text: evidence

text: unlawfully

text: seized

text: serves

text: to

text: encourage

text: disobedience

text: to

text: the

text: Federal

text: Constitution

text: which

text: it

text: is

text: bound

text: to

text: uphold

text: Moreover

text: as

text: was

text: said

text: in

text: Elkins

text: t

text: he

text: very

text: essence

text: of

text: a

text: healthy

text: federalism

text: depends

text: upon

text: the

text: avoidance

text: of

text: needless

text: conflict

text: between

text: state

text: and

text: federal

text: courts

text: U

text: S

text: at

text: Such

text: a

text: conflict

text: hereafter

text: needless

text: arose

text: this

text: very

text: Term

text: in

text: Wilson

text: v

text: Schnettler

text: U

text: S

text: in

text: which

text: and

text: in

text: spite

text: of

text: the

text: promise

text: made

text: by

text: Rea

text: we

text: gave

text: full

text: recognition

text: to

text: our

text: practice

text: in

text: this

text: regard

text: by

text: refusing

text: to

text: restrain

text: a

text: federal

text: officer

text: from

text: testifying

text: in

text: a

text: state

text: court

text: as

text: to

text: evidence

text: unconstitutionally

text: seized

text: by

text: him

text: in

text: the

text: performance

text: of

text: his

text: duties

text: Yet

text: the

text: double

text: standard

text: recognized

text: until

text: today

text: hardly

text: put

text: such

text: a

text: thesis

text: into

text: practice

text: In

text: non

text: exclusionary

text: States

text: federal

text: officers

text: being

text: human

text: were

text: by

text: it

text: invited

text: to

text: and

text: did

text: as

text: our

text: cases

text: indicate

text: step

text: across

text: the

text: street

text: to

text: the

text: State

text: s

text: attorney

text: with

text: their

text: unconstitutionally

text: seized

text: evidence

text: Prosecution

text: on

text: the

text: basis

text: of

text: that

text: evidence

text: was

text: then

text: had

text: in

text: a

text: state

text: court

text: in

text: utter

text: disregard

text: of

text: the

text: enforceable

text: Fourth

text: Amendment

text: If

text: the

text: fruits

text: of

text: an

text: unconstitutional

text: search

text: had

text: been

text: inadmissible

text: in

text: both

text: state

text: and

text: federal

text: courts

text: this

text: inducement

text: to

text: evasion

text: would

text: have

text: been

text: sooner

text: eliminated

text: There

text: would

text: be

text: no

text: need

text: to

text: reconcile

text: such

text: cases

text: as

text: Rea

text: and

text: Schnettler

text: each

text: pointing

text: up

text: the

text: hazardous

text: uncertainties

text: of

text: our

text: heretofore

text: ambivalent

text: approach

text: Federal

text: state

text: cooperation

text: in

text: the

text: solution

text: of

text: crime

text: under

text: constitutional

text: standards

text: will

text: be

text: promoted

text: if

text: only

text: by

text: recognition

text: of

text: their

text: now

text: mutual

text: obligation

text: to

text: respect

text: the

text: same

text: fundamental

text: criteria

text: in

text: their

text: approaches

text: However

text: much

text: in

text: a

text: particular

text: case

text: insistence

text: upon

text: such

text: rules

text: may

text: appear

text: as

text: a

text: technicality

text: that

text: inures

text: to

text: the

text: benefit

text: of

text: a

text: guilty

text: person

text: the

text: history

text: of

text: the

text: criminal

text: law

text: proves

text: that

text: tolerance

text: of

text: shortcut

text: methods

text: in

text: law

text: enforcement

text: impairs

text: its

text: enduring

text: effectiveness

text: Miller

text: v

text: United

text: States

text: U

text: S

text: Denying

text: shortcuts

text: to

text: only

text: one

text: of

text: two

text: cooperating

text: law

text: enforcement

text: agencies

text: tends

text: naturally

text: to

text: breed

text: legitimate

text: suspicion

text: of

text: working

text: arrangements

text: whose

text: results

text: are

text: equally

text: tainted

text: Byars

text: v

text: United

text: States

text: U

text: S

text: Lustig

text: v

text: United

text: States

text: U

text: S

text: There

text: are

text: those

text: who

text: say

text: as

text: did

text: Justice

text: then

text: Judge

text: Cardozo

text: that

text: under

text: our

text: constitutional

text: exclusionary

text: doctrine

text: t

text: he

text: criminal

text: is

text: to

text: go

text: free

text: because

text: the

text: constable

text: has

text: blundered

text: People

text: v

text: Defore

text: N

text: Y

text: at

text: N

text: E

text: at

text: In

text: some

text: cases

text: this

text: will

text: undoubtedly

text: be

text: the

text: result

text: But

text: as

text: was

text: said

text: in

text: Elkins

text: there

text: is

text: another

text: consideration

text: the

text: imperative

text: of

text: judicial

text: integrity

text: U

text: S

text: at

text: The

text: criminal

text: goes

text: free

text: if

text: he

text: must

text: but

text: it

text: is

text: the

text: law

text: that

text: sets

text: him

text: free

text: Nothing

text: can

text: destroy

text: a

text: government

text: more

text: quickly

text: than

text: its

text: failure

text: to

text: observe

text: its

text: own

text: laws

text: or

text: worse

text: its

text: disregard

text: of

text: the

text: charter

text: of

text: its

text: own

text: existence

text: As

text: Mr

text: Justice

text: Brandeis

text: dissenting

text: said

text: in

text: Olmstead

text: v

text: United

text: States

text: U

text: S

text: Our

text: Government

text: is

text: the

text: potent

text: the

text: omnipresent

text: teacher

text: For

text: good

text: or

text: for

text: ill

text: it

text: teaches

text: the

text: whole

text: people

text: by

text: its

text: example

text: If

text: the

text: Government

text: becomes

text: a

text: lawbreaker

text: it

text: breeds

text: contempt

text: for

text: law

text: it

text: invites

text: every

text: man

text: to

text: become

text: a

text: law

text: unto

text: himself

text: it

text: invites

text: anarchy

text: Nor

text: can

text: it

text: lightly

text: be

text: assumed

text: that

text: as

text: a

text: practical

text: matter

text: adoption

text: of

text: the

text: exclusionary

text: rule

text: fetters

text: law

text: enforcement

text: Only

text: last

text: year

text: this

text: Court

text: expressly

text: considered

text: that

text: contention

text: and

text: found

text: that

text: pragmatic

text: evidence

text: of

text: a

text: sort

text: to

text: the

text: contrary

text: was

text: not

text: wanting

text: Elkins

text: v

text: United

text: States

text: supra

text: at

text: The

text: Court

text: noted

text: that

text: The

text: federal

text: courts

text: themselves

text: have

text: operated

text: under

text: the

text: exclusionary

text: rule

text: of

text: Weeks

text: for

text: almost

text: half

text: a

text: century

text: yet

text: it

text: has

text: not

text: been

text: suggested

text: either

text: that

text: the

text: Federal

text: Bureau

text: of

text: Investigation

text: has

text: thereby

text: been

text: rendered

text: ineffective

text: or

text: that

text: the

text: administration

text: of

text: criminal

text: justice

text: in

text: the

text: federal

text: courts

text: has

text: thereby

text: been

text: disrupted

text: Moreover

text: the

text: experience

text: of

text: the

text: states

text: is

text: impressive

text: The

text: movement

text: towards

text: the

text: rule

text: of

text: exclusion

text: has

text: been

text: halting

text: but

text: seemingly

text: inexorable

text: Id

text: at

text: The

text: ignoble

text: shortcut

text: to

text: conviction

text: left

text: open

text: to

text: the

text: State

text: tends

text: to

text: destroy

text: the

text: entire

text: system

text: of

text: constitutional

text: restraints

text: on

text: which

text: the

text: liberties

text: of

text: the

text: people

text: rest

text: Having

text: once

text: recognized

text: that

text: the

text: right

text: to

text: privacy

text: embodied

text: in

text: the

text: Fourth

text: Amendment

text: is

text: enforceable

text: against

text: the

text: States

text: and

text: that

text: the

text: right

text: to

text: be

text: secure

text: against

text: rude

text: invasions

text: of

text: privacy

text: by

text: state

text: officers

text: is

text: therefore

text: constitutional

text: in

text: origin

text: we

text: can

text: no

text: longer

text: permit

text: that

text: right

text: to

text: remain

text: an

text: empty

text: promise

text: Because

text: it

text: is

text: enforceable

text: in

text: the

text: same

text: manner

text: and

text: to

text: like

text: effect

text: as

text: other

text: basic

text: rights

text: secured

text: by

text: the

text: Due

text: Process

text: Clause

text: we

text: can

text: no

text: longer

text: permit

text: it

text: to

text: be

text: revocable

text: at

text: the

text: whim

text: of

text: any

text: police

text: officer

text: who

text: in

text: the

text: name

text: of

text: law

text: enforcement

text: itself

text: chooses

text: to

text: suspend

text: its

text: enjoyment

text: Our

text: decision

text: founded

text: on

text: reason

text: and

text: truth

text: gives

text: to

text: the

text: individual

text: no

text: more

text: than

text: that

text: which

text: the

text: Constitution

text: guarantees

text: him

text: to

text: the

text: police

text: officer

text: no

text: less

text: than

text: that

text: to

text: which

text: honest

text: law

text: enforcement

text: is

text: entitled

text: and

text: to

text: the

text: courts

text: that

text: judicial

text: integrity

text: so

text: necessary

text: in

text: the

text: true

text: administration

text: of

text: justice

text: The

text: judgment

text: of

text: the

text: Supreme

text: Court

text: of

text: Ohio

text: is

text: reversed

text: and

text: the

text: cause

text: remanded

text: for

text: further

text: proceedings

text: not

text: inconsistent

text: with

text: this

text: opinion

text: Reversed

text: and

text: remanded

text: MR

text: JUSTICE

text: BLACK

text: concurring

text: For

text: nearly

text: fifty

text: years

text: since

text: the

text: decision

text: of

text: this

text: Court

text: in

text: Weeks

text: v

text: United

text: States

text: federal

text: courts

text: have

text: refused

text: to

text: permit

text: the

text: introduction

text: into

text: evidence

text: against

text: an

text: accused

text: of

text: his

text: papers

text: and

text: effects

text: obtained

text: by

text: unreasonable

text: searches

text: and

text: seizures

text: in

text: violation

text: of

text: the

text: Fourth

text: Amendment

text: In

text: Wolf

text: v

text: Colorado

text: decided

text: in

text: however

text: this

text: Court

text: held

text: that

text: in

text: a

text: prosecution

text: in

text: a

text: State

text: court

text: for

text: a

text: State

text: crime

text: the

text: Fourteenth

text: Amendment

text: does

text: not

text: forbid

text: the

text: admission

text: of

text: evidence

text: obtained

text: by

text: an

text: unreasonable

text: search

text: and

text: seizure

text: I

text: concurred

text: in

text: that

text: holding

text: on

text: these

text: grounds

text: For

text: reasons

text: stated

text: in

text: my

text: dissenting

text: opinion

text: in

text: Adamson

text: v

text: California

text: U

text: S

text: I

text: agree

text: with

text: the

text: conclusion

text: of

text: the

text: Court

text: that

text: the

text: Fourth

text: Amendment

text: s

text: prohibition

text: of

text: unreasonable

text: searches

text: and

text: seizures

text: is

text: enforceable

text: against

text: the

text: states

text: Consequently

text: I

text: should

text: be

text: for

text: reversal

text: of

text: this

text: case

text: if

text: I

text: thought

text: the

text: Fourth

text: Amendment

text: not

text: only

text: prohibited

text: unreasonable

text: searches

text: and

text: seizures

text: but

text: also

text: of

text: itself

text: barred

text: the

text: use

text: of

text: evidence

text: so

text: unlawfully

text: obtained

text: But

text: I

text: agree

text: with

text: what

text: appears

text: to

text: be

text: a

text: plain

text: implication

text: of

text: the

text: Court

text: s

text: opinion

text: that

text: the

text: federal

text: exclusionary

text: rule

text: is

text: not

text: a

text: command

text: of

text: the

text: Fourth

text: Amendment

text: but

text: is

text: a

text: judicially

text: created

text: rule

text: of

text: evidence

text: which

text: Congress

text: might

text: negate

text: I

text: am

text: still

text: not

text: persuaded

text: that

text: the

text: Fourth

text: Amendment

text: standing

text: alone

text: would

text: be

text: enough

text: to

text: bar

text: the

text: introduction

text: into

text: evidence

text: against

text: an

text: accused

text: of

text: papers

text: and

text: effects

text: seized

text: from

text: him

text: in

text: violation

text: of

text: its

text: commands

text: For

text: the

text: Fourth

text: Amendment

text: does

text: not

text: itself

text: contain

text: any

text: provision

text: expressly

text: precluding

text: the

text: use

text: of

text: such

text: evidence

text: and

text: I

text: am

text: extremely

text: doubtful

text: that

text: such

text: a

text: provision

text: could

text: properly

text: be

text: inferred

text: from

text: nothing

text: more

text: than

text: the

text: basic

text: command

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: Reflection

text: on

text: the

text: problem

text: however

text: in

text: the

text: light

text: of

text: cases

text: coming

text: before

text: the

text: Court

text: since

text: Wolf

text: has

text: led

text: me

text: to

text: conclude

text: that

text: when

text: the

text: Fourth

text: Amendment

text: s

text: ban

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: is

text: considered

text: together

text: with

text: the

text: Fifth

text: Amendment

text: s

text: ban

text: against

text: compelled

text: self

text: incrimination

text: a

text: constitutional

text: basis

text: emerges

text: which

text: not

text: only

text: justifies

text: but

text: actually

text: requires

text: the

text: exclusionary

text: rule

text: The

text: close

text: interrelationship

text: between

text: the

text: Fourth

text: and

text: Fifth

text: Amendments

text: as

text: they

text: apply

text: to

text: this

text: problem

text: has

text: long

text: been

text: recognized

text: and

text: indeed

text: was

text: expressly

text: made

text: the

text: ground

text: for

text: this

text: Court

text: s

text: holding

text: in

text: Boyd

text: v

text: United

text: States

text: There

text: the

text: Court

text: fully

text: discussed

text: this

text: relationship

text: and

text: declared

text: itself

text: unable

text: to

text: perceive

text: that

text: the

text: seizure

text: of

text: a

text: man

text: s

text: private

text: books

text: and

text: papers

text: to

text: be

text: used

text: in

text: evidence

text: against

text: him

text: is

text: substantially

text: different

text: from

text: compelling

text: him

text: to

text: be

text: a

text: witness

text: against

text: himself

text: It

text: was

text: upon

text: this

text: ground

text: that

text: Mr

text: Justice

text: Rutledge

text: largely

text: relied

text: in

text: his

text: dissenting

text: opinion

text: in

text: the

text: Wolf

text: case

text: And

text: although

text: I

text: rejected

text: the

text: argument

text: at

text: that

text: time

text: its

text: force

text: has

text: for

text: me

text: at

text: least

text: become

text: compelling

text: with

text: the

text: more

text: thorough

text: understanding

text: of

text: the

text: problem

text: brought

text: on

text: by

text: recent

text: cases

text: In

text: the

text: final

text: analysis

text: it

text: seems

text: to

text: me

text: that

text: the

text: Boyd

text: doctrine

text: though

text: perhaps

text: not

text: required

text: by

text: the

text: express

text: language

text: of

text: the

text: Constitution

text: strictly

text: construed

text: is

text: amply

text: justified

text: from

text: an

text: historical

text: standpoint

text: soundly

text: based

text: in

text: reason

text: and

text: entirely

text: consistent

text: with

text: what

text: I

text: regard

text: to

text: be

text: the

text: proper

text: approach

text: to

text: interpretation

text: of

text: our

text: Bill

text: of

text: Rights

text: an

text: approach

text: well

text: set

text: out

text: by

text: Mr

text: Justice

text: Bradley

text: in

text: the

text: Boyd

text: case

text: C

text: onstitutional

text: provisions

text: for

text: the

text: security

text: of

text: person

text: and

text: property

text: should

text: be

text: liberally

text: construed

text: A

text: close

text: and

text: literal

text: construction

text: deprives

text: them

text: of

text: half

text: their

text: efficacy

text: and

text: leads

text: to

text: gradual

text: depreciation

text: of

text: the

text: right

text: as

text: if

text: it

text: consisted

text: more

text: in

text: sound

text: than

text: in

text: substance

text: It

text: is

text: the

text: duty

text: of

text: the

text: courts

text: to

text: be

text: watchful

text: for

text: the

text: constitutional

text: rights

text: of

text: the

text: citizen

text: and

text: against

text: any

text: stealthy

text: encroachments

text: thereon

text: The

text: case

text: of

text: Rochin

text: v

text: California

text: which

text: we

text: decided

text: three

text: years

text: after

text: the

text: Wolf

text: case

text: authenticated

text: I

text: think

text: the

text: soundness

text: of

text: Mr

text: Justice

text: Bradley

text: s

text: and

text: Mr

text: Justice

text: Rutledge

text: s

text: reliance

text: upon

text: the

text: interrelationship

text: between

text: the

text: Fourth

text: and

text: Fifth

text: Amendments

text: as

text: requiring

text: the

text: exclusion

text: of

text: unconstitutionally

text: seized

text: evidence

text: In

text: the

text: Rochin

text: case

text: three

text: police

text: officers

text: acting

text: with

text: neither

text: a

text: judicial

text: warrant

text: nor

text: probable

text: cause

text: entered

text: Rochin

text: s

text: home

text: for

text: the

text: purpose

text: of

text: conducting

text: a

text: search

text: and

text: broke

text: down

text: the

text: door

text: to

text: a

text: bedroom

text: occupied

text: by

text: Rochin

text: and

text: his

text: wife

text: Upon

text: their

text: entry

text: into

text: the

text: room

text: the

text: officers

text: saw

text: Rochin

text: pick

text: up

text: and

text: swallow

text: two

text: small

text: capsules

text: They

text: immediately

text: seized

text: him

text: and

text: took

text: him

text: in

text: handcuffs

text: to

text: a

text: hospital

text: where

text: the

text: capsules

text: were

text: recovered

text: by

text: use

text: of

text: a

text: stomach

text: pump

text: Investigation

text: showed

text: that

text: the

text: capsules

text: contained

text: morphine

text: and

text: evidence

text: of

text: that

text: fact

text: was

text: made

text: the

text: basis

text: of

text: his

text: conviction

text: of

text: a

text: crime

text: in

text: a

text: state

text: court

text: When

text: the

text: question

text: of

text: the

text: validity

text: of

text: that

text: conviction

text: was

text: brought

text: here

text: we

text: were

text: presented

text: with

text: an

text: almost

text: perfect

text: example

text: of

text: the

text: interrelationship

text: between

text: the

text: Fourth

text: and

text: Fifth

text: Amendments

text: Indeed

text: every

text: member

text: of

text: this

text: Court

text: who

text: participated

text: in

text: the

text: decision

text: of

text: that

text: case

text: recognized

text: this

text: interrelationship

text: and

text: relied

text: on

text: it

text: to

text: some

text: extent

text: at

text: least

text: as

text: justifying

text: reversal

text: of

text: Rochin

text: s

text: conviction

text: The

text: majority

text: though

text: careful

text: not

text: to

text: mention

text: the

text: Fifth

text: Amendment

text: s

text: provision

text: that

text: n

text: o

text: person

text: shall

text: be

text: compelled

text: in

text: any

text: criminal

text: case

text: to

text: be

text: a

text: witness

text: against

text: himself

text: showed

text: at

text: least

text: that

text: it

text: was

text: not

text: unaware

text: that

text: such

text: a

text: provision

text: exists

text: stating

text: Coerced

text: confessions

text: offend

text: the

text: community

text: s

text: sense

text: of

text: fair

text: play

text: and

text: decency

text: It

text: would

text: be

text: a

text: stultification

text: of

text: the

text: responsibility

text: which

text: the

text: course

text: of

text: constitutional

text: history

text: has

text: cast

text: upon

text: this

text: Court

text: to

text: hold

text: that

text: in

text: order

text: to

text: convict

text: a

text: man

text: the

text: police

text: cannot

text: extract

text: by

text: force

text: what

text: is

text: in

text: his

text: mind

text: but

text: can

text: extract

text: what

text: is

text: in

text: his

text: stomach

text: The

text: methods

text: used

text: by

text: the

text: police

text: thus

text: were

text: according

text: to

text: the

text: majority

text: too

text: close

text: to

text: the

text: rack

text: and

text: the

text: screw

text: to

text: permit

text: of

text: constitutional

text: differentiation

text: and

text: the

text: case

text: was

text: reversed

text: on

text: the

text: ground

text: that

text: these

text: methods

text: had

text: violated

text: the

text: Due

text: Process

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: in

text: that

text: the

text: treatment

text: accorded

text: Rochin

text: was

text: of

text: a

text: kind

text: that

text: shocks

text: the

text: conscience

text: offend

text: s

text: a

text: sense

text: of

text: justice

text: and

text: fails

text: to

text: respect

text: certain

text: decencies

text: of

text: civilized

text: conduct

text: I

text: concurred

text: in

text: the

text: reversal

text: of

text: the

text: Rochin

text: case

text: but

text: on

text: the

text: ground

text: that

text: the

text: Fourteenth

text: Amendment

text: made

text: the

text: Fifth

text: Amendment

text: s

text: provision

text: against

text: self

text: incrimination

text: applicable

text: to

text: the

text: States

text: and

text: that

text: given

text: a

text: broad

text: rather

text: than

text: a

text: narrow

text: construction

text: that

text: provision

text: barred

text: the

text: introduction

text: of

text: this

text: capsule

text: evidence

text: just

text: as

text: much

text: as

text: it

text: would

text: have

text: forbidden

text: the

text: use

text: of

text: words

text: Rochin

text: might

text: have

text: been

text: coerced

text: to

text: speak

text: In

text: reaching

text: this

text: conclusion

text: I

text: cited

text: and

text: relied

text: on

text: the

text: Boyd

text: case

text: the

text: constitutional

text: doctrine

text: of

text: which

text: was

text: of

text: course

text: necessary

text: to

text: my

text: disposition

text: of

text: the

text: case

text: At

text: that

text: time

text: however

text: these

text: views

text: were

text: very

text: definitely

text: in

text: the

text: minority

text: for

text: only

text: MR

text: JUSTICE

text: DOUGLAS

text: and

text: I

text: rejected

text: the

text: flexible

text: and

text: uncertain

text: standards

text: of

text: the

text: shock

text: the

text: conscience

text: test

text: used

text: in

text: the

text: majority

text: opinion

text: Two

text: years

text: after

text: Rochin

text: in

text: Irvine

text: v

text: California

text: we

text: were

text: again

text: called

text: upon

text: to

text: consider

text: the

text: validity

text: of

text: a

text: conviction

text: based

text: on

text: evidence

text: which

text: had

text: been

text: obtained

text: in

text: a

text: manner

text: clearly

text: unconstitutional

text: and

text: arguably

text: shocking

text: to

text: the

text: conscience

text: The

text: five

text: opinions

text: written

text: by

text: this

text: Court

text: in

text: that

text: case

text: demonstrate

text: the

text: utter

text: confusion

text: and

text: uncertainty

text: that

text: had

text: been

text: brought

text: about

text: by

text: the

text: Wolf

text: and

text: Rochin

text: decisions

text: In

text: concurring

text: MR

text: JUSTICE

text: CLARK

text: emphasized

text: the

text: unsatisfactory

text: nature

text: of

text: the

text: Court

text: s

text: shock

text: the

text: conscience

text: test

text: saying

text: that

text: this

text: test

text: makes

text: for

text: such

text: uncertainty

text: and

text: unpredictability

text: that

text: it

text: would

text: be

text: impossible

text: to

text: foretell

text: other

text: than

text: by

text: guesswork

text: just

text: how

text: brazen

text: the

text: invasion

text: of

text: the

text: intimate

text: privacies

text: of

text: one

text: s

text: home

text: must

text: be

text: in

text: order

text: to

text: shock

text: itself

text: into

text: the

text: protective

text: arms

text: of

text: the

text: Constitution

text: In

text: truth

text: the

text: practical

text: result

text: of

text: this

text: ad

text: hoc

text: approach

text: is

text: simply

text: that

text: when

text: five

text: Justices

text: are

text: sufficiently

text: revolted

text: by

text: local

text: police

text: action

text: a

text: conviction

text: is

text: overturned

text: and

text: a

text: guilty

text: man

text: may

text: go

text: free

text: Only

text: one

text: thing

text: emerged

text: with

text: complete

text: clarity

text: from

text: the

text: Irvine

text: case

text: that

text: is

text: that

text: seven

text: Justices

text: rejected

text: the

text: shock

text: the

text: conscience

text: constitutional

text: standard

text: enunciated

text: in

text: the

text: Wolf

text: and

text: Rochin

text: cases

text: But

text: even

text: this

text: did

text: not

text: lessen

text: the

text: confusion

text: in

text: this

text: area

text: of

text: the

text: law

text: because

text: the

text: continued

text: existence

text: of

text: mutually

text: inconsistent

text: precedents

text: together

text: with

text: the

text: Court

text: s

text: inability

text: to

text: settle

text: upon

text: a

text: majority

text: opinion

text: in

text: the

text: Irvine

text: case

text: left

text: the

text: situation

text: at

text: least

text: as

text: uncertain

text: as

text: it

text: had

text: been

text: before

text: Finally

text: today

text: we

text: clear

text: up

text: that

text: uncertainty

text: As

text: I

text: understand

text: the

text: Court

text: s

text: opinion

text: in

text: this

text: case

text: we

text: again

text: reject

text: the

text: confusing

text: shock

text: the

text: conscience

text: standard

text: of

text: the

text: Wolf

text: and

text: Rochin

text: cases

text: and

text: instead

text: set

text: aside

text: this

text: state

text: conviction

text: in

text: reliance

text: upon

text: the

text: precise

text: intelligible

text: and

text: more

text: predictable

text: constitutional

text: doctrine

text: enunciated

text: in

text: the

text: Boyd

text: case

text: I

text: fully

text: agree

text: with

text: Mr

text: Justice

text: Bradley

text: s

text: opinion

text: that

text: the

text: two

text: Amendments

text: upon

text: which

text: the

text: Boyd

text: doctrine

text: rests

text: are

text: of

text: vital

text: importance

text: in

text: our

text: constitutional

text: scheme

text: of

text: liberty

text: and

text: that

text: both

text: are

text: entitled

text: to

text: a

text: liberal

text: rather

text: than

text: a

text: niggardly

text: interpretation

text: The

text: courts

text: of

text: the

text: country

text: are

text: entitled

text: to

text: know

text: with

text: as

text: much

text: certainty

text: as

text: possible

text: what

text: scope

text: they

text: cover

text: The

text: Court

text: s

text: opinion

text: in

text: my

text: judgment

text: dissipates

text: the

text: doubt

text: and

text: uncertainty

text: in

text: this

text: field

text: of

text: constitutional

text: law

text: and

text: I

text: am

text: persuaded

text: for

text: this

text: and

text: other

text: reasons

text: stated

text: to

text: depart

text: from

text: my

text: prior

text: views

text: to

text: accept

text: the

text: Boyd

text: doctrine

text: as

text: controlling

text: in

text: this

text: state

text: case

text: and

text: to

text: join

text: the

text: Court

text: s

text: judgment

text: and

text: opinion

text: which

text: are

text: in

text: accordance

text: with

text: that

text: constitutional

text: doctrine

text: MR

text: JUSTICE

text: DOUGLAS

text: concurring

text: Though

text: I

text: have

text: joined

text: the

text: opinion

text: of

text: the

text: Court

text: I

text: add

text: a

text: few

text: words

text: This

text: criminal

text: proceeding

text: started

text: with

text: a

text: lawless

text: search

text: and

text: seizure

text: The

text: police

text: entered

text: a

text: home

text: forcefully

text: and

text: seized

text: documents

text: that

text: were

text: later

text: used

text: to

text: convict

text: the

text: occupant

text: of

text: a

text: crime

text: She

text: lived

text: alone

text: with

text: her

text: fifteen

text: year

text: old

text: daughter

text: in

text: the

text: second

text: floor

text: flat

text: of

text: a

text: duplex

text: in

text: Cleveland

text: At

text: about

text: in

text: the

text: afternoon

text: of

text: May

text: three

text: policemen

text: arrived

text: at

text: this

text: house

text: They

text: rang

text: the

text: bell

text: and

text: the

text: appellant

text: appearing

text: at

text: her

text: window

text: asked

text: them

text: what

text: they

text: wanted

text: According

text: to

text: their

text: later

text: testimony

text: the

text: policemen

text: had

text: come

text: to

text: the

text: house

text: on

text: information

text: from

text: a

text: confidential

text: source

text: that

text: there

text: was

text: a

text: person

text: hiding

text: out

text: in

text: the

text: home

text: who

text: was

text: wanted

text: for

text: questioning

text: in

text: connection

text: with

text: a

text: recent

text: bombing

text: To

text: the

text: appellant

text: s

text: question

text: however

text: they

text: replied

text: only

text: that

text: they

text: wanted

text: to

text: question

text: her

text: and

text: would

text: not

text: state

text: the

text: subject

text: about

text: which

text: they

text: wanted

text: to

text: talk

text: The

text: appellant

text: who

text: had

text: retained

text: an

text: attorney

text: in

text: connection

text: with

text: a

text: pending

text: civil

text: matter

text: told

text: the

text: police

text: she

text: would

text: call

text: him

text: to

text: ask

text: if

text: she

text: should

text: let

text: them

text: in

text: On

text: her

text: attorney

text: s

text: advice

text: she

text: told

text: them

text: she

text: would

text: let

text: them

text: in

text: only

text: when

text: they

text: produced

text: a

text: valid

text: search

text: warrant

text: For

text: the

text: next

text: two

text: and

text: a

text: half

text: hours

text: the

text: police

text: laid

text: siege

text: to

text: the

text: house

text: At

text: four

text: o

text: clock

text: their

text: number

text: was

text: increased

text: to

text: at

text: least

text: seven

text: Appellant

text: s

text: lawyer

text: appeared

text: on

text: the

text: scene

text: and

text: one

text: of

text: the

text: policemen

text: told

text: him

text: that

text: they

text: now

text: had

text: a

text: search

text: warrant

text: but

text: the

text: officer

text: refused

text: to

text: show

text: it

text: Instead

text: going

text: to

text: the

text: back

text: door

text: the

text: officer

text: first

text: tried

text: to

text: kick

text: it

text: in

text: and

text: when

text: that

text: proved

text: unsuccessful

text: he

text: broke

text: the

text: glass

text: in

text: the

text: door

text: and

text: opened

text: it

text: from

text: the

text: inside

text: The

text: appellant

text: who

text: was

text: on

text: the

text: steps

text: going

text: up

text: to

text: her

text: flat

text: demanded

text: to

text: see

text: the

text: search

text: warrant

text: but

text: the

text: officer

text: refused

text: to

text: let

text: her

text: see

text: it

text: although

text: he

text: waved

text: a

text: paper

text: in

text: front

text: of

text: her

text: face

text: She

text: grabbed

text: it

text: and

text: thrust

text: it

text: down

text: the

text: front

text: of

text: her

text: dress

text: The

text: policemen

text: seized

text: her

text: took

text: the

text: paper

text: from

text: her

text: and

text: had

text: her

text: handcuffed

text: to

text: another

text: officer

text: She

text: was

text: taken

text: upstairs

text: thus

text: bound

text: and

text: into

text: the

text: larger

text: of

text: the

text: two

text: bedrooms

text: in

text: the

text: apartment

text: there

text: she

text: was

text: forced

text: to

text: sit

text: on

text: the

text: bed

text: Meanwhile

text: the

text: officers

text: entered

text: the

text: house

text: and

text: made

text: a

text: complete

text: search

text: of

text: the

text: four

text: rooms

text: of

text: her

text: flat

text: and

text: of

text: the

text: basement

text: of

text: the

text: house

text: The

text: testimony

text: concerning

text: the

text: search

text: is

text: largely

text: nonconflicting

text: The

text: approach

text: of

text: the

text: officers

text: their

text: long

text: wait

text: outside

text: the

text: home

text: watching

text: all

text: its

text: doors

text: the

text: arrival

text: of

text: reinforcements

text: armed

text: with

text: a

text: paper

text: breaking

text: into

text: the

text: house

text: putting

text: their

text: hands

text: on

text: appellant

text: and

text: handcuffing

text: her

text: numerous

text: officers

text: ransacking

text: through

text: every

text: room

text: and

text: piece

text: of

text: furniture

text: while

text: the

text: appellant

text: sat

text: a

text: prisoner

text: in

text: her

text: own

text: bedroom

text: There

text: is

text: direct

text: conflict

text: in

text: the

text: testimony

text: however

text: as

text: to

text: where

text: the

text: evidence

text: which

text: is

text: the

text: basis

text: of

text: this

text: case

text: was

text: found

text: To

text: understand

text: the

text: meaning

text: of

text: that

text: conflict

text: one

text: must

text: understand

text: that

text: this

text: case

text: is

text: based

text: on

text: the

text: knowing

text: possession

text: of

text: four

text: little

text: pamphlets

text: a

text: couple

text: of

text: photographs

text: and

text: a

text: little

text: pencil

text: doodle

text: all

text: of

text: which

text: are

text: alleged

text: to

text: be

text: pornographic

text: According

text: to

text: the

text: police

text: officers

text: who

text: participated

text: in

text: the

text: search

text: these

text: articles

text: were

text: found

text: some

text: in

text: appellant

text: s

text: dressers

text: and

text: some

text: in

text: a

text: suitcase

text: found

text: by

text: her

text: bed

text: According

text: to

text: appellant

text: most

text: of

text: the

text: articles

text: were

text: found

text: in

text: a

text: cardboard

text: box

text: in

text: the

text: basement

text: one

text: in

text: the

text: suitcase

text: beside

text: her

text: bed

text: All

text: of

text: this

text: material

text: appellant

text: and

text: a

text: friend

text: of

text: hers

text: said

text: were

text: odds

text: and

text: ends

text: belonging

text: to

text: a

text: recent

text: boarder

text: a

text: man

text: who

text: had

text: left

text: suddenly

text: for

text: New

text: York

text: and

text: had

text: been

text: detained

text: there

text: As

text: the

text: Supreme

text: Court

text: of

text: Ohio

text: read

text: the

text: statute

text: under

text: which

text: appellant

text: is

text: charged

text: she

text: is

text: guilty

text: of

text: the

text: crime

text: whichever

text: story

text: is

text: true

text: The

text: Ohio

text: Supreme

text: Court

text: sustained

text: the

text: conviction

text: even

text: though

text: it

text: was

text: based

text: on

text: the

text: documents

text: obtained

text: in

text: the

text: lawless

text: search

text: For

text: in

text: Ohio

text: evidence

text: obtained

text: by

text: an

text: unlawful

text: search

text: and

text: seizure

text: is

text: admissible

text: in

text: a

text: criminal

text: prosecution

text: at

text: least

text: where

text: it

text: was

text: not

text: taken

text: from

text: the

text: defendant

text: s

text: person

text: by

text: the

text: use

text: of

text: brutal

text: or

text: offensive

text: force

text: against

text: defendant

text: State

text: v

text: Mapp

text: Ohio

text: St

text: N

text: E

text: d

text: at

text: syllabus

text: State

text: v

text: Lindway

text: Ohio

text: St

text: N

text: E

text: d

text: This

text: evidence

text: would

text: have

text: been

text: inadmissible

text: in

text: a

text: federal

text: prosecution

text: Weeks

text: v

text: United

text: States

text: U

text: S

text: Elkins

text: v

text: United

text: States

text: U

text: S

text: For

text: as

text: stated

text: in

text: the

text: former

text: decision

text: The

text: effect

text: of

text: the

text: Fourth

text: Amendment

text: is

text: to

text: put

text: the

text: courts

text: of

text: the

text: United

text: States

text: and

text: Federal

text: officials

text: in

text: the

text: exercise

text: of

text: their

text: power

text: and

text: authority

text: under

text: limitations

text: and

text: restraints

text: Id

text: It

text: was

text: therefore

text: held

text: that

text: evidence

text: obtained

text: which

text: in

text: that

text: case

text: was

text: documents

text: and

text: correspondence

text: from

text: a

text: home

text: without

text: any

text: warrant

text: was

text: not

text: admissible

text: in

text: a

text: federal

text: prosecution

text: We

text: held

text: in

text: Wolf

text: v

text: Colorado

text: U

text: S

text: that

text: the

text: Fourth

text: Amendment

text: was

text: applicable

text: to

text: the

text: States

text: by

text: reason

text: of

text: the

text: Due

text: Process

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: But

text: a

text: majority

text: held

text: that

text: the

text: exclusionary

text: rule

text: of

text: the

text: Weeks

text: case

text: was

text: not

text: required

text: of

text: the

text: States

text: that

text: they

text: could

text: apply

text: such

text: sanctions

text: as

text: they

text: chose

text: That

text: position

text: had

text: the

text: necessary

text: votes

text: to

text: carry

text: the

text: day

text: But

text: with

text: all

text: respect

text: it

text: was

text: not

text: the

text: voice

text: of

text: reason

text: or

text: principle

text: As

text: stated

text: in

text: the

text: Weeks

text: case

text: if

text: evidence

text: seized

text: in

text: violation

text: of

text: the

text: Fourth

text: Amendment

text: can

text: be

text: used

text: against

text: an

text: accused

text: his

text: right

text: to

text: be

text: secure

text: against

text: such

text: searches

text: and

text: seizures

text: is

text: of

text: no

text: value

text: and

text: might

text: as

text: well

text: be

text: stricken

text: from

text: the

text: Constitution

text: U

text: S

text: at

text: When

text: we

text: allowed

text: States

text: to

text: give

text: constitutional

text: sanction

text: to

text: the

text: shabby

text: business

text: of

text: unlawful

text: entry

text: into

text: a

text: home

text: to

text: use

text: an

text: expression

text: of

text: Mr

text: Justice

text: Murphy

text: Wolf

text: v

text: Colorado

text: at

text: we

text: did

text: indeed

text: rob

text: the

text: Fourth

text: Amendment

text: of

text: much

text: meaningful

text: force

text: There

text: are

text: of

text: course

text: other

text: theoretical

text: remedies

text: One

text: is

text: disciplinary

text: action

text: within

text: the

text: hierarchy

text: of

text: the

text: police

text: system

text: including

text: prosecution

text: of

text: the

text: police

text: officer

text: for

text: a

text: crime

text: Yet

text: as

text: Mr

text: Justice

text: Murphy

text: said

text: in

text: Wolf

text: v

text: Colorado

text: at

text: Self

text: scrutiny

text: is

text: a

text: lofty

text: ideal

text: but

text: its

text: exaltation

text: reaches

text: new

text: heights

text: if

text: we

text: expect

text: a

text: District

text: Attorney

text: to

text: prosecute

text: himself

text: or

text: his

text: associates

text: for

text: well

text: meaning

text: violations

text: of

text: the

text: search

text: and

text: seizure

text: clause

text: during

text: a

text: raid

text: the

text: District

text: Attorney

text: or

text: his

text: associates

text: have

text: ordered

text: The

text: only

text: remaining

text: remedy

text: if

text: exclusion

text: of

text: the

text: evidence

text: is

text: not

text: required

text: is

text: an

text: action

text: of

text: trespass

text: by

text: the

text: homeowner

text: against

text: the

text: offending

text: officer

text: Mr

text: Justice

text: Murphy

text: showed

text: how

text: onerous

text: and

text: difficult

text: it

text: would

text: be

text: for

text: the

text: citizen

text: to

text: maintain

text: that

text: action

text: and

text: how

text: meagre

text: the

text: relief

text: even

text: if

text: the

text: citizen

text: prevails

text: U

text: S

text: The

text: truth

text: is

text: that

text: trespass

text: actions

text: against

text: officers

text: who

text: make

text: unlawful

text: searches

text: and

text: seizures

text: are

text: mainly

text: illusory

text: remedies

text: Without

text: judicial

text: action

text: making

text: the

text: exclusionary

text: rule

text: applicable

text: to

text: the

text: States

text: Wolf

text: v

text: Colorado

text: in

text: practical

text: effect

text: reduced

text: the

text: guarantee

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: to

text: a

text: dead

text: letter

text: as

text: Mr

text: Justice

text: Rutledge

text: said

text: in

text: his

text: dissent

text: See

text: U

text: S

text: at

text: Wolf

text: v

text: Colorado

text: supra

text: was

text: decided

text: in

text: The

text: immediate

text: result

text: was

text: a

text: storm

text: of

text: constitutional

text: controversy

text: which

text: only

text: today

text: finds

text: its

text: end

text: I

text: believe

text: that

text: this

text: is

text: an

text: appropriate

text: case

text: in

text: which

text: to

text: put

text: an

text: end

text: to

text: the

text: asymmetry

text: which

text: Wolf

text: imported

text: into

text: the

text: law

text: See

text: Stefanelli

text: v

text: Minard

text: U

text: S

text: Rea

text: v

text: United

text: States

text: U

text: S

text: Elkins

text: v

text: United

text: States

text: supra

text: Monroe

text: v

text: Pape

text: U

text: S

text: It

text: is

text: an

text: appropriate

text: case

text: because

text: the

text: facts

text: it

text: presents

text: show

text: as

text: would

text: few

text: other

text: cases

text: the

text: casual

text: arrogance

text: of

text: those

text: who

text: have

text: the

text: untrammelled

text: power

text: to

text: invade

text: one

text: s

text: home

text: and

text: to

text: seize

text: one

text: s

text: person

text: It

text: is

text: also

text: an

text: appropriate

text: case

text: in

text: the

text: narrower

text: and

text: more

text: technical

text: sense

text: The

text: issues

text: of

text: the

text: illegality

text: of

text: the

text: search

text: and

text: the

text: admissibility

text: of

text: the

text: evidence

text: have

text: been

text: presented

text: to

text: the

text: state

text: court

text: and

text: were

text: duly

text: raised

text: here

text: in

text: accordance

text: with

text: the

text: applicable

text: Rule

text: of

text: Practice

text: The

text: question

text: was

text: raised

text: in

text: the

text: notice

text: of

text: appeal

text: the

text: jurisdictional

text: statement

text: and

text: in

text: appellant

text: s

text: brief

text: on

text: the

text: merits

text: It

text: is

text: true

text: that

text: argument

text: was

text: mostly

text: directed

text: to

text: another

text: issue

text: in

text: the

text: case

text: but

text: that

text: is

text: often

text: the

text: fact

text: See

text: Rogers

text: v

text: Richmond

text: U

text: S

text: Of

text: course

text: an

text: earnest

text: advocate

text: of

text: a

text: position

text: always

text: believes

text: that

text: had

text: he

text: only

text: an

text: additional

text: opportunity

text: for

text: argument

text: his

text: side

text: would

text: win

text: But

text: subject

text: to

text: the

text: sound

text: discretion

text: of

text: a

text: court

text: all

text: argument

text: must

text: at

text: last

text: come

text: to

text: a

text: halt

text: This

text: is

text: especially

text: so

text: as

text: to

text: an

text: issue

text: about

text: which

text: this

text: Court

text: said

text: last

text: year

text: that

text: The

text: arguments

text: of

text: its

text: antagonists

text: and

text: of

text: its

text: proponents

text: have

text: been

text: so

text: many

text: times

text: marshalled

text: as

text: to

text: require

text: no

text: lengthy

text: elaboration

text: here

text: Elkins

text: v

text: United

text: States

text: supra

text: Moreover

text: continuance

text: of

text: Wolf

text: v

text: Colorado

text: in

text: its

text: full

text: vigor

text: breeds

text: the

text: unseemly

text: shopping

text: around

text: of

text: the

text: kind

text: revealed

text: in

text: Wilson

text: v

text: Schnettler

text: U

text: S

text: Once

text: evidence

text: inadmissible

text: in

text: a

text: federal

text: court

text: is

text: admissible

text: in

text: a

text: state

text: court

text: a

text: double

text: standard

text: exists

text: which

text: as

text: the

text: Court

text: points

text: out

text: leads

text: to

text: working

text: arrangements

text: that

text: undercut

text: federal

text: policy

text: and

text: reduce

text: some

text: aspects

text: of

text: law

text: enforcement

text: to

text: shabby

text: business

text: The

text: rule

text: that

text: supports

text: that

text: practice

text: does

text: not

text: have

text: the

text: force

text: of

text: reason

text: behind

text: it

text: Memorandum

text: of

text: MR

text: JUSTICE

text: STEWART

text: Agreeing

text: fully

text: with

text: Part

text: I

text: of

text: MR

text: JUSTICE

text: HARLAN

text: S

text: dissenting

text: opinion

text: I

text: express

text: no

text: view

text: as

text: to

text: the

text: merits

text: of

text: the

text: constitutional

text: issue

text: which

text: the

text: Court

text: today

text: decides

text: I

text: would

text: however

text: reverse

text: the

text: judgment

text: in

text: this

text: case

text: because

text: I

text: am

text: persuaded

text: that

text: the

text: provision

text: of

text: of

text: the

text: Ohio

text: Revised

text: Code

text: upon

text: which

text: the

text: petitioner

text: s

text: conviction

text: was

text: based

text: is

text: in

text: the

text: words

text: of

text: MR

text: JUSTICE

text: HARLAN

text: not

text: consistent

text: with

text: the

text: rights

text: of

text: free

text: thought

text: and

text: expression

text: assured

text: against

text: state

text: action

text: by

text: the

text: Fourteenth

text: Amendment

text: MR

text: JUSTICE

text: HARLAN

text: whom

text: MR

text: JUSTICE

text: FRANKFURTER

text: and

text: MR

text: JUSTICE

text: WHITTAKER

text: join

text: dissenting

text: In

text: overruling

text: the

text: Wolf

text: case

text: the

text: Court

text: in

text: my

text: opinion

text: has

text: forgotten

text: the

text: sense

text: of

text: judicial

text: restraint

text: which

text: with

text: due

text: regard

text: for

text: stare

text: decisis

text: is

text: one

text: element

text: that

text: should

text: enter

text: into

text: deciding

text: whether

text: a

text: past

text: decision

text: of

text: this

text: Court

text: should

text: be

text: overruled

text: Apart

text: from

text: that

text: I

text: also

text: believe

text: that

text: the

text: Wolf

text: rule

text: represents

text: sounder

text: Constitutional

text: doctrine

text: than

text: the

text: new

text: rule

text: which

text: now

text: replaces

text: it

text: I

text: From

text: the

text: Court

text: s

text: statement

text: of

text: the

text: case

text: one

text: would

text: gather

text: that

text: the

text: central

text: if

text: not

text: controlling

text: issue

text: on

text: this

text: appeal

text: is

text: whether

text: illegally

text: state

text: seized

text: evidence

text: is

text: Constitutionally

text: admissible

text: in

text: a

text: state

text: prosecution

text: an

text: issue

text: which

text: would

text: of

text: course

text: face

text: us

text: with

text: the

text: need

text: for

text: re

text: examining

text: Wolf

text: However

text: such

text: is

text: not

text: the

text: situation

text: For

text: although

text: that

text: question

text: was

text: indeed

text: raised

text: here

text: and

text: below

text: among

text: appellant

text: s

text: subordinate

text: points

text: the

text: new

text: and

text: pivotal

text: issue

text: brought

text: to

text: the

text: Court

text: by

text: this

text: appeal

text: is

text: whether

text: of

text: the

text: Ohio

text: Revised

text: Code

text: making

text: criminal

text: the

text: mere

text: knowing

text: possession

text: or

text: control

text: of

text: obscene

text: material

text: and

text: under

text: which

text: appellant

text: has

text: been

text: convicted

text: is

text: consistent

text: with

text: the

text: rights

text: of

text: free

text: thought

text: and

text: expression

text: assured

text: against

text: state

text: action

text: by

text: the

text: Fourteenth

text: Amendment

text: That

text: was

text: the

text: principal

text: issue

text: which

text: was

text: decided

text: by

text: the

text: Ohio

text: Supreme

text: Court

text: which

text: was

text: tendered

text: by

text: appellant

text: s

text: Jurisdictional

text: Statement

text: and

text: which

text: was

text: briefed

text: and

text: argued

text: in

text: this

text: Court

text: In

text: this

text: posture

text: of

text: things

text: I

text: think

text: it

text: fair

text: to

text: say

text: that

text: five

text: members

text: of

text: this

text: Court

text: have

text: simply

text: reached

text: out

text: to

text: overrule

text: Wolf

text: With

text: all

text: respect

text: for

text: the

text: views

text: of

text: the

text: majority

text: and

text: recognizing

text: that

text: stare

text: decisis

text: carries

text: different

text: weight

text: in

text: Constitutional

text: adjudication

text: than

text: it

text: does

text: in

text: nonconstitutional

text: decision

text: I

text: can

text: perceive

text: no

text: justification

text: for

text: regarding

text: this

text: case

text: as

text: an

text: appropriate

text: occasion

text: for

text: re

text: examining

text: Wolf

text: The

text: action

text: of

text: the

text: Court

text: finds

text: no

text: support

text: in

text: the

text: rule

text: that

text: decision

text: of

text: Constitutional

text: issues

text: should

text: be

text: avoided

text: wherever

text: possible

text: For

text: in

text: overruling

text: Wolf

text: the

text: Court

text: instead

text: of

text: passing

text: upon

text: the

text: validity

text: of

text: Ohio

text: s

text: has

text: simply

text: chosen

text: between

text: two

text: Constitutional

text: questions

text: Moreover

text: I

text: submit

text: that

text: it

text: has

text: chosen

text: the

text: more

text: difficult

text: and

text: less

text: appropriate

text: of

text: the

text: two

text: questions

text: The

text: Ohio

text: statute

text: which

text: as

text: construed

text: by

text: the

text: State

text: Supreme

text: Court

text: punishes

text: knowing

text: possession

text: or

text: control

text: of

text: obscene

text: material

text: irrespective

text: of

text: the

text: purposes

text: of

text: such

text: possession

text: or

text: control

text: with

text: exceptions

text: not

text: here

text: applicable

text: and

text: irrespective

text: of

text: whether

text: the

text: accused

text: had

text: any

text: reasonable

text: opportunity

text: to

text: rid

text: himself

text: of

text: the

text: material

text: after

text: discovering

text: that

text: it

text: was

text: obscene

text: surely

text: presents

text: a

text: Constitutional

text: question

text: which

text: is

text: both

text: simpler

text: and

text: less

text: far

text: reaching

text: than

text: the

text: question

text: which

text: the

text: Court

text: decides

text: today

text: It

text: seems

text: to

text: me

text: that

text: justice

text: might

text: well

text: have

text: been

text: done

text: in

text: this

text: case

text: without

text: overturning

text: a

text: decision

text: on

text: which

text: the

text: administration

text: of

text: criminal

text: law

text: in

text: many

text: of

text: the

text: States

text: has

text: long

text: justifiably

text: relied

text: Since

text: the

text: demands

text: of

text: the

text: case

text: before

text: us

text: do

text: not

text: require

text: us

text: to

text: reach

text: the

text: question

text: of

text: the

text: validity

text: of

text: Wolf

text: I

text: think

text: this

text: case

text: furnishes

text: a

text: singularly

text: inappropriate

text: occasion

text: for

text: reconsideration

text: of

text: that

text: decision

text: if

text: reconsideration

text: is

text: indeed

text: warranted

text: Even

text: the

text: most

text: cursory

text: examination

text: will

text: reveal

text: that

text: the

text: doctrine

text: of

text: the

text: Wolf

text: case

text: has

text: been

text: of

text: continuing

text: importance

text: in

text: the

text: administration

text: of

text: state

text: criminal

text: law

text: Indeed

text: certainly

text: as

text: regards

text: its

text: non

text: exclusionary

text: aspect

text: Wolf

text: did

text: no

text: more

text: than

text: articulate

text: the

text: then

text: existing

text: assumption

text: among

text: the

text: States

text: that

text: the

text: federal

text: cases

text: enforcing

text: the

text: exclusionary

text: rule

text: do

text: not

text: bind

text: the

text: States

text: for

text: they

text: construe

text: provisions

text: of

text: the

text: Federal

text: Constitution

text: the

text: Fourth

text: and

text: Fifth

text: Amendments

text: not

text: applicable

text: to

text: the

text: States

text: People

text: v

text: Defore

text: N

text: Y

text: N

text: E

text: Though

text: of

text: course

text: not

text: reflecting

text: the

text: full

text: measure

text: of

text: this

text: continuing

text: reliance

text: I

text: find

text: that

text: during

text: the

text: last

text: three

text: Terms

text: for

text: instance

text: the

text: issue

text: of

text: the

text: inadmissibility

text: of

text: illegally

text: state

text: obtained

text: evidence

text: appears

text: on

text: an

text: average

text: of

text: about

text: fifteen

text: times

text: per

text: Term

text: just

text: in

text: the

text: in

text: forma

text: pauperis

text: cases

text: summarily

text: disposed

text: of

text: by

text: us

text: This

text: would

text: indicate

text: both

text: that

text: the

text: issue

text: which

text: is

text: now

text: being

text: decided

text: may

text: well

text: have

text: untoward

text: practical

text: ramifications

text: respecting

text: state

text: cases

text: long

text: since

text: disposed

text: of

text: in

text: reliance

text: on

text: Wolf

text: and

text: that

text: were

text: we

text: determined

text: to

text: re

text: examine

text: that

text: doctrine

text: we

text: would

text: not

text: lack

text: future

text: opportunity

text: The

text: occasion

text: which

text: the

text: Court

text: has

text: taken

text: here

text: is

text: in

text: the

text: context

text: of

text: a

text: case

text: where

text: the

text: question

text: was

text: briefed

text: not

text: at

text: all

text: and

text: argued

text: only

text: extremely

text: tangentially

text: The

text: unwisdom

text: of

text: overruling

text: Wolf

text: without

text: full

text: dress

text: argument

text: is

text: aggravated

text: by

text: the

text: circumstance

text: that

text: that

text: decision

text: is

text: a

text: comparatively

text: recent

text: one

text: to

text: which

text: three

text: members

text: of

text: the

text: present

text: majority

text: have

text: at

text: one

text: time

text: or

text: other

text: expressly

text: subscribed

text: one

text: to

text: be

text: sure

text: with

text: explicit

text: misgivings

text: I

text: would

text: think

text: that

text: our

text: obligation

text: to

text: the

text: States

text: on

text: whom

text: we

text: impose

text: this

text: new

text: rule

text: as

text: well

text: as

text: the

text: obligation

text: of

text: orderly

text: adherence

text: to

text: our

text: own

text: processes

text: would

text: demand

text: that

text: we

text: seek

text: that

text: aid

text: which

text: adequate

text: briefing

text: and

text: argument

text: lends

text: to

text: the

text: determination

text: of

text: an

text: important

text: issue

text: It

text: certainly

text: has

text: never

text: been

text: a

text: postulate

text: of

text: judicial

text: power

text: that

text: mere

text: altered

text: disposition

text: or

text: subsequent

text: membership

text: on

text: the

text: Court

text: is

text: sufficient

text: warrant

text: for

text: overturning

text: a

text: deliberately

text: decided

text: rule

text: of

text: Constitutional

text: law

text: Thus

text: if

text: the

text: Court

text: were

text: bent

text: on

text: reconsidering

text: Wolf

text: I

text: think

text: that

text: there

text: would

text: soon

text: have

text: presented

text: itself

text: an

text: appropriate

text: opportunity

text: in

text: which

text: we

text: could

text: have

text: had

text: the

text: benefit

text: of

text: full

text: briefing

text: and

text: argument

text: In

text: any

text: event

text: at

text: the

text: very

text: least

text: the

text: present

text: case

text: should

text: have

text: been

text: set

text: down

text: for

text: reargument

text: in

text: view

text: of

text: the

text: inadequate

text: briefing

text: and

text: argument

text: we

text: have

text: received

text: on

text: the

text: Wolf

text: point

text: To

text: all

text: intents

text: and

text: purposes

text: the

text: Court

text: s

text: present

text: action

text: amounts

text: to

text: a

text: summary

text: reversal

text: of

text: Wolf

text: without

text: argument

text: I

text: am

text: bound

text: to

text: say

text: that

text: what

text: has

text: been

text: done

text: is

text: not

text: likely

text: to

text: promote

text: respect

text: either

text: for

text: the

text: Court

text: s

text: adjudicatory

text: process

text: or

text: for

text: the

text: stability

text: of

text: its

text: decisions

text: Having

text: been

text: unable

text: however

text: to

text: persuade

text: any

text: of

text: the

text: majority

text: to

text: a

text: different

text: procedural

text: course

text: I

text: now

text: turn

text: to

text: the

text: merits

text: of

text: the

text: present

text: decision

text: II

text: Essential

text: to

text: the

text: majority

text: s

text: argument

text: against

text: Wolf

text: is

text: the

text: proposition

text: that

text: the

text: rule

text: of

text: Weeks

text: v

text: United

text: States

text: U

text: S

text: excluding

text: in

text: federal

text: criminal

text: trials

text: the

text: use

text: of

text: evidence

text: obtained

text: in

text: violation

text: of

text: the

text: Fourth

text: Amendment

text: derives

text: not

text: from

text: the

text: supervisory

text: power

text: of

text: this

text: Court

text: over

text: the

text: federal

text: judicial

text: system

text: but

text: from

text: Constitutional

text: requirement

text: This

text: is

text: so

text: because

text: no

text: one

text: I

text: suppose

text: would

text: suggest

text: that

text: this

text: Court

text: possesses

text: any

text: general

text: supervisory

text: power

text: over

text: the

text: state

text: courts

text: Although

text: I

text: entertain

text: considerable

text: doubt

text: as

text: to

text: the

text: soundness

text: of

text: this

text: foundational

text: proposition

text: of

text: the

text: majority

text: cf

text: Wolf

text: v

text: Colorado

text: U

text: S

text: at

text: concurring

text: opinion

text: I

text: shall

text: assume

text: for

text: present

text: purposes

text: that

text: the

text: Weeks

text: rule

text: is

text: of

text: constitutional

text: origin

text: At

text: the

text: heart

text: of

text: the

text: majority

text: s

text: opinion

text: in

text: this

text: case

text: is

text: the

text: following

text: syllogism

text: the

text: rule

text: excluding

text: in

text: federal

text: criminal

text: trials

text: evidence

text: which

text: is

text: the

text: product

text: of

text: an

text: illegal

text: search

text: and

text: seizure

text: is

text: part

text: and

text: parcel

text: of

text: the

text: Fourth

text: Amendment

text: Wolf

text: held

text: that

text: the

text: privacy

text: assured

text: against

text: federal

text: action

text: by

text: the

text: Fourth

text: Amendment

text: is

text: also

text: protected

text: against

text: state

text: action

text: by

text: the

text: Fourteenth

text: Amendment

text: and

text: it

text: is

text: therefore

text: logically

text: and

text: constitutionally

text: necessary

text: that

text: the

text: Weeks

text: exclusionary

text: rule

text: should

text: also

text: be

text: enforced

text: against

text: the

text: States

text: This

text: reasoning

text: ultimately

text: rests

text: on

text: the

text: unsound

text: premise

text: that

text: because

text: Wolf

text: carried

text: into

text: the

text: States

text: as

text: part

text: of

text: the

text: concept

text: of

text: ordered

text: liberty

text: embodied

text: in

text: the

text: Fourteenth

text: Amendment

text: the

text: principle

text: of

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text: Fourth

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text: S

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text: Fourth

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text: Fourteenth

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text: considerations

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text: not

text: a

text: rule

text: that

text: any

text: illegally

text: obtained

text: statements

text: may

text: not

text: be

text: used

text: in

text: evidence

text: I

text: would

text: suppose

text: that

text: a

text: statement

text: which

text: is

text: procured

text: during

text: a

text: period

text: of

text: illegal

text: detention

text: McNabb

text: v

text: United

text: States

text: U

text: S

text: is

text: as

text: much

text: as

text: unlawfully

text: seized

text: evidence

text: illegally

text: obtained

text: but

text: this

text: Court

text: has

text: consistently

text: refused

text: to

text: reverse

text: state

text: convictions

text: resting

text: on

text: the

text: use

text: of

text: such

text: statements

text: Indeed

text: it

text: would

text: seem

text: the

text: Court

text: laid

text: at

text: rest

text: the

text: very

text: argument

text: now

text: made

text: by

text: the

text: majority

text: when

text: in

text: Lisenba

text: v

text: California

text: U

text: S

text: a

text: state

text: coerced

text: confession

text: case

text: it

text: said

text: at

text: It

text: may

text: be

text: assumed

text: that

text: the

text: treatment

text: of

text: the

text: petitioner

text: by

text: the

text: police

text: deprived

text: him

text: of

text: his

text: liberty

text: without

text: due

text: process

text: and

text: that

text: the

text: petitioner

text: would

text: have

text: been

text: afforded

text: preventive

text: relief

text: if

text: he

text: could

text: have

text: gained

text: access

text: to

text: a

text: court

text: to

text: seek

text: it

text: But

text: illegal

text: acts

text: as

text: such

text: committed

text: in

text: the

text: course

text: of

text: obtaining

text: a

text: confession

text: do

text: not

text: furnish

text: an

text: answer

text: to

text: the

text: constitutional

text: question

text: we

text: must

text: decide

text: The

text: gravamen

text: of

text: his

text: complaint

text: is

text: the

text: unfairness

text: of

text: the

text: use

text: of

text: his

text: confessions

text: and

text: what

text: occurred

text: in

text: their

text: procurement

text: is

text: relevant

text: only

text: as

text: it

text: bears

text: on

text: that

text: issue

text: Emphasis

text: supplied

text: The

text: point

text: then

text: must

text: be

text: that

text: in

text: requiring

text: exclusion

text: of

text: an

text: involuntary

text: statement

text: of

text: an

text: accused

text: we

text: are

text: concerned

text: not

text: with

text: an

text: appropriate

text: remedy

text: for

text: what

text: the

text: police

text: have

text: done

text: but

text: with

text: something

text: which

text: is

text: regarded

text: as

text: going

text: to

text: the

text: heart

text: of

text: our

text: concepts

text: of

text: fairness

text: in

text: judicial

text: procedure

text: The

text: operative

text: assumption

text: of

text: our

text: procedural

text: system

text: is

text: that

text: Ours

text: is

text: the

text: accusatorial

text: as

text: opposed

text: to

text: the

text: inquisitorial

text: system

text: Such

text: has

text: been

text: the

text: characteristic

text: of

text: Anglo

text: American

text: criminal

text: justice

text: since

text: it

text: freed

text: itself

text: from

text: practices

text: borrowed

text: by

text: the

text: Star

text: Chamber

text: from

text: the

text: Continent

text: whereby

text: the

text: accused

text: was

text: interrogated

text: in

text: secret

text: for

text: hours

text: on

text: end

text: Watts

text: v

text: Indiana

text: U

text: S

text: See

text: Rogers

text: v

text: Richmond

text: U

text: S

text: The

text: pressures

text: brought

text: to

text: bear

text: against

text: an

text: accused

text: leading

text: to

text: a

text: confession

text: unlike

text: an

text: unconstitutional

text: violation

text: of

text: privacy

text: do

text: not

text: apart

text: from

text: the

text: use

text: of

text: the

text: confession

text: at

text: trial

text: necessarily

text: involve

text: independent

text: Constitutional

text: violations

text: What

text: is

text: crucial

text: is

text: that

text: the

text: trial

text: defense

text: to

text: which

text: an

text: accused

text: is

text: entitled

text: should

text: not

text: be

text: rendered

text: an

text: empty

text: formality

text: by

text: reason

text: of

text: statements

text: wrung

text: from

text: him

text: for

text: then

text: a

text: prisoner

text: has

text: been

text: made

text: the

text: deluded

text: instrument

text: of

text: his

text: own

text: conviction

text: Hawkins

text: Pleas

text: of

text: the

text: Crown

text: th

text: ed

text: c

text: That

text: this

text: is

text: a

text: procedural

text: right

text: and

text: that

text: its

text: violation

text: occurs

text: at

text: the

text: time

text: his

text: improperly

text: obtained

text: statement

text: is

text: admitted

text: at

text: trial

text: is

text: manifest

text: For

text: without

text: this

text: right

text: all

text: the

text: careful

text: safeguards

text: erected

text: around

text: the

text: giving

text: of

text: testimony

text: whether

text: by

text: an

text: accused

text: or

text: any

text: other

text: witness

text: would

text: become

text: empty

text: formalities

text: in

text: a

text: procedure

text: where

text: the

text: most

text: compelling

text: possible

text: evidence

text: of

text: guilt

text: a

text: confession

text: would

text: have

text: already

text: been

text: obtained

text: at

text: the

text: unsupervised

text: pleasure

text: of

text: the

text: police

text: This

text: and

text: not

text: the

text: disciplining

text: of

text: the

text: police

text: as

text: with

text: illegally

text: seized

text: evidence

text: is

text: surely

text: the

text: true

text: basis

text: for

text: excluding

text: a

text: statement

text: of

text: the

text: accused

text: which

text: was

text: unconstitutionally

text: obtained

text: In

text: sum

text: I

text: think

text: the

text: coerced

text: confession

text: analogy

text: works

text: strongly

text: against

text: what

text: the

text: Court

text: does

text: today

text: In

text: conclusion

text: it

text: should

text: be

text: noted

text: that

text: the

text: majority

text: opinion

text: in

text: this

text: case

text: is

text: in

text: fact

text: an

text: opinion

text: only

text: for

text: the

text: judgment

text: overruling

text: Wolf

text: and

text: not

text: for

text: the

text: basic

text: rationale

text: by

text: which

text: four

text: members

text: of

text: the

text: majority

text: have

text: reached

text: that

text: result

text: For

text: my

text: Brother

text: BLACK

text: is

text: unwilling

text: to

text: subscribe

text: to

text: their

text: view

text: that

text: the

text: Weeks

text: exclusionary

text: rule

text: derives

text: from

text: the

text: Fourth

text: Amendment

text: itself

text: see

text: ante

text: p

text: but

text: joins

text: the

text: majority

text: opinion

text: on

text: the

text: premise

text: that

text: its

text: end

text: result

text: can

text: be

text: achieved

text: by

text: bringing

text: the

text: Fifth

text: Amendment

text: to

text: the

text: aid

text: of

text: the

text: Fourth

text: see

text: ante

text: pp

text: On

text: that

text: score

text: I

text: need

text: only

text: say

text: that

text: whatever

text: the

text: validity

text: of

text: the

text: Fourth

text: Fifth

text: Amendment

text: correlation

text: which

text: the

text: Boyd

text: case

text: U

text: S

text: found

text: see

text: Wigmore

text: Evidence

text: d

text: ed

text: we

text: have

text: only

text: very

text: recently

text: again

text: reiterated

text: the

text: long

text: established

text: doctrine

text: of

text: this

text: Court

text: that

text: the

text: Fifth

text: Amendment

text: privilege

text: against

text: self

text: incrimination

text: is

text: not

text: applicable

text: to

text: the

text: States

text: See

text: Cohen

text: v

text: Hurley

text: U

text: S

text: I

text: regret

text: that

text: I

text: find

text: so

text: unwise

text: in

text: principle

text: and

text: so

text: inexpedient

text: in

text: policy

text: a

text: decision

text: motivated

text: by

text: the

text: high

text: purpose

text: of

text: increasing

text: respect

text: for

text: Constitutional

text: rights

text: But

text: in

text: the

text: last

text: analysis

text: I

text: think

text: this

text: Court

text: can

text: increase

text: respect

text: for

text: the

text: Constitution

text: only

text: if

text: it

text: rigidly

text: respects

text: the

text: limitations

text: which

text: the

text: Constitution

text: places

text: upon

text: it

text: and

text: respects

text: as

text: well

text: the

text: principles

text: inherent

text: in

text: its

text: own

text: processes

text: In

text: the

text: present

text: case

text: I

text: think

text: we

text: exceed

text: both

text: and

text: that

text: our

text: voice

text: becomes

text: only

text: a

text: voice

text: of

text: power

text: not

text: of

text: reason

text: NOTES

text: The

text: statute

text: provides

text: in

text: pertinent

text: part

text: that

text: No

text: person

text: shall

text: knowingly

text: have

text: in

text: his

text: possession

text: or

text: under

text: his

text: control

text: an

text: obscene

text: lewd

text: or

text: lascivious

text: book

text: or

text: picture

text: Whoever

text: violates

text: this

text: section

text: shall

text: be

text: fined

text: not

text: less

text: than

text: two

text: hundred

text: nor

text: more

text: than

text: two

text: thousand

text: dollars

text: or

text: imprisoned

text: not

text: less

text: than

text: one

text: nor

text: more

text: than

text: seven

text: years

text: or

text: both

text: A

text: police

text: officer

text: testified

text: that

text: we

text: did

text: pry

text: the

text: screen

text: door

text: to

text: gain

text: entrance

text: the

text: attorney

text: on

text: the

text: scene

text: testified

text: that

text: a

text: policeman

text: tried

text: to

text: kick

text: in

text: the

text: door

text: and

text: then

text: broke

text: the

text: glass

text: in

text: the

text: door

text: and

text: somebody

text: reached

text: in

text: and

text: opened

text: the

text: door

text: and

text: let

text: them

text: in

text: the

text: appellant

text: testified

text: that

text: The

text: back

text: door

text: was

text: broken

text: Other

text: issues

text: have

text: been

text: raised

text: on

text: this

text: appeal

text: but

text: in

text: the

text: view

text: we

text: have

text: taken

text: of

text: the

text: case

text: they

text: need

text: not

text: be

text: decided

text: Although

text: appellant

text: chose

text: to

text: urge

text: what

text: may

text: have

text: appeared

text: to

text: be

text: the

text: surer

text: ground

text: for

text: favorable

text: disposition

text: and

text: did

text: not

text: insist

text: that

text: Wolf

text: be

text: overruled

text: the

text: amicus

text: curiae

text: who

text: was

text: also

text: permitted

text: to

text: participate

text: in

text: the

text: oral

text: argument

text: did

text: urge

text: the

text: Court

text: to

text: overrule

text: Wolf

text: The

text: right

text: of

text: the

text: people

text: to

text: be

text: secure

text: in

text: their

text: persons

text: houses

text: papers

text: and

text: effects

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: shall

text: not

text: be

text: violated

text: and

text: no

text: Warrants

text: shall

text: issue

text: but

text: upon

text: probable

text: cause

text: supported

text: by

text: Oath

text: or

text: affirmation

text: and

text: particularly

text: describing

text: the

text: place

text: to

text: be

text: searched

text: and

text: the

text: persons

text: or

text: things

text: to

text: be

text: seized

text: The

text: close

text: connection

text: between

text: the

text: concepts

text: later

text: embodied

text: in

text: these

text: two

text: Amendments

text: had

text: been

text: noted

text: at

text: least

text: as

text: early

text: as

text: by

text: Lord

text: Camden

text: on

text: whose

text: opinion

text: in

text: Entick

text: v

text: Carrington

text: Howell

text: s

text: State

text: Trials

text: the

text: Boyd

text: court

text: drew

text: heavily

text: Lord

text: Camden

text: had

text: noted

text: at

text: It

text: is

text: very

text: certain

text: that

text: the

text: law

text: obligeth

text: no

text: man

text: to

text: accuse

text: himself

text: because

text: the

text: necessary

text: means

text: of

text: compelling

text: self

text: accusation

text: falling

text: upon

text: the

text: innocent

text: as

text: well

text: as

text: the

text: guilty

text: would

text: be

text: both

text: cruel

text: and

text: unjust

text: and

text: it

text: should

text: seem

text: that

text: search

text: for

text: evidence

text: is

text: disallowed

text: upon

text: the

text: same

text: principle

text: There

text: too

text: the

text: innocent

text: would

text: be

text: confounded

text: with

text: the

text: guilty

text: See

text: however

text: National

text: Safe

text: Deposit

text: Co

text: v

text: Stead

text: U

text: S

text: and

text: Adams

text: v

text: New

text: York

text: U

text: S

text: Less

text: than

text: half

text: of

text: the

text: States

text: have

text: any

text: criminal

text: provisions

text: relating

text: directly

text: to

text: unreasonable

text: searches

text: and

text: seizures

text: The

text: punitive

text: sanctions

text: of

text: the

text: States

text: attempting

text: to

text: control

text: such

text: invasions

text: of

text: the

text: right

text: of

text: privacy

text: may

text: be

text: classified

text: as

text: follows

text: Criminal

text: Liability

text: of

text: Affiant

text: for

text: Malicious

text: Procurement

text: of

text: Search

text: Warrant

text: Ala

text: Code

text: Tit

text: Alaska

text: Comp

text: Laws

text: Ann

text: Ariz

text: Rev

text: Stat

text: Ann

text: Cal

text: Pen

text: Code

text: Fla

text: Stat

text: Ga

text: Code

text: Ann

text: Idaho

text: Code

text: Ann

text: Iowa

text: Code

text: Ann

text: Minn

text: Stat

text: Ann

text: Mont

text: Rev

text: Codes

text: Ann

text: Nev

text: Rev

text: Stat

text: N

text: J

text: Stat

text: Ann

text: N

text: Y

text: Pen

text: Law

text: N

text: Y

text: Code

text: Crim

text: Proc

text: N

text: C

text: Gen

text: Stat

text: applies

text: to

text: officers

text: only

text: N

text: D

text: Century

text: Code

text: Ann

text: Okla

text: Stat

text: Tit

text: Tit

text: Ore

text: Rev

text: Stat

text: S

text: D

text: Code

text: Supp

text: Utah

text: Code

text: Ann

text: Criminal

text: Liability

text: of

text: Magistrate

text: Issuing

text: Warrant

text: Without

text: Supporting

text: Affidavit

text: N

text: C

text: Gen

text: Stat

text: Va

text: Code

text: Ann

text: Replacement

text: Volume

text: Criminal

text: Liability

text: of

text: Officer

text: Willfully

text: Exceeding

text: Authority

text: of

text: Search

text: Warrant

text: Fla

text: Stat

text: Ann

text: Iowa

text: Code

text: Ann

text: Minn

text: Stat

text: Ann

text: Nev

text: Rev

text: Stat

text: N

text: Y

text: Pen

text: Law

text: N

text: Y

text: Code

text: Crim

text: Proc

text: N

text: D

text: Century

text: Code

text: Ann

text: Okla

text: Stat

text: Tit

text: Tit

text: S

text: D

text: Code

text: Supp

text: Tenn

text: Code

text: Ann

text: Utah

text: Code

text: Ann

text: Criminal

text: Liability

text: of

text: Officer

text: for

text: Search

text: with

text: Invalid

text: Warrant

text: or

text: no

text: Warrant

text: Idaho

text: Code

text: Ann

text: Minn

text: Stat

text: Ann

text: Mo

text: Ann

text: Stat

text: Mont

text: Rev

text: Codes

text: Ann

text: N

text: J

text: Stat

text: Ann

text: N

text: Y

text: Pen

text: Law

text: N

text: D

text: Century

text: Code

text: Ann

text: Okla

text: Stat

text: Ann

text: Tit

text: Utah

text: Code

text: Ann

text: Va

text: Code

text: Ann

text: Replacement

text: Volume

text: Wash

text: Rev

text: Code

text: But

text: compare

text: Waley

text: v

text: Johnston

text: U

text: S

text: and

text: Chambers

text: v

text: Florida

text: U

text: S

text: with

text: Weeks

text: v

text: United

text: States

text: U

text: S

text: and

text: Wolf

text: v

text: Colorado

text: U

text: S

text: As

text: is

text: always

text: the

text: case

text: however

text: state

text: procedural

text: requirements

text: governing

text: assertion

text: and

text: pursuance

text: of

text: direct

text: and

text: collateral

text: constitutional

text: challenges

text: to

text: criminal

text: prosecutions

text: must

text: be

text: respected

text: We

text: note

text: moreover

text: that

text: the

text: class

text: of

text: state

text: convictions

text: possibly

text: affected

text: by

text: this

text: decision

text: is

text: of

text: relatively

text: narrow

text: compass

text: when

text: compared

text: with

text: Burns

text: v

text: Ohio

text: U

text: S

text: Griffin

text: v

text: Illinois

text: U

text: S

text: and

text: Herman

text: v

text: Claudy

text: U

text: S

text: In

text: those

text: cases

text: the

text: same

text: contention

text: was

text: urged

text: and

text: later

text: proved

text: unfounded

text: In

text: any

text: case

text: further

text: delay

text: in

text: reaching

text: the

text: present

text: result

text: could

text: have

text: no

text: effect

text: other

text: than

text: to

text: compound

text: the

text: difficulties

text: See

text: the

text: remarks

text: of

text: Mr

text: Hoover

text: Director

text: of

text: the

text: Federal

text: Bureau

text: of

text: Investigation

text: FBI

text: Law

text: Enforcement

text: Bulletin

text: September

text: pp

text: quoted

text: in

text: Elkins

text: v

text: United

text: States

text: U

text: S

text: note

text: Cf

text: Marcus

text: v

text: Search

text: Warrant

text: post

text: p

text: U

text: S

text: decided

text: in

text: U

text: S

text: Id

text: at

text: The

text: interrelationship

text: between

text: the

text: Fourth

text: and

text: the

text: Fifth

text: Amendments

text: in

text: this

text: area

text: does

text: not

text: of

text: course

text: justify

text: a

text: narrowing

text: in

text: the

text: interpretation

text: of

text: either

text: of

text: these

text: Amendments

text: with

text: respect

text: to

text: areas

text: in

text: which

text: they

text: operate

text: separately

text: See

text: Feldman

text: v

text: United

text: States

text: U

text: S

text: dissenting

text: opinion

text: Frank

text: v

text: Maryland

text: U

text: S

text: dissenting

text: opinion

text: U

text: S

text: Id

text: at

text: U

text: S

text: at

text: U

text: S

text: at

text: As

text: the

text: Court

text: points

text: out

text: Mr

text: Justice

text: Bradley

text: s

text: approach

text: to

text: interpretation

text: of

text: the

text: Bill

text: of

text: Rights

text: stemmed

text: directly

text: from

text: the

text: spirit

text: in

text: which

text: that

text: great

text: charter

text: of

text: liberty

text: was

text: offered

text: for

text: adoption

text: on

text: the

text: floor

text: of

text: the

text: House

text: of

text: Representatives

text: by

text: its

text: framer

text: James

text: Madison

text: If

text: they

text: the

text: first

text: ten

text: Amendments

text: are

text: incorporated

text: into

text: the

text: Constitution

text: independent

text: tribunals

text: of

text: justice

text: will

text: consider

text: themselves

text: in

text: a

text: peculiar

text: manner

text: the

text: guardians

text: of

text: those

text: rights

text: they

text: will

text: be

text: an

text: impenetrable

text: bulwark

text: against

text: every

text: assumption

text: of

text: power

text: in

text: the

text: Legislative

text: or

text: Executive

text: they

text: will

text: be

text: naturally

text: led

text: to

text: resist

text: every

text: encroachment

text: upon

text: rights

text: expressly

text: stipulated

text: for

text: in

text: the

text: Constitution

text: by

text: the

text: declaration

text: of

text: rights

text: I

text: Annals

text: of

text: Congress

text: U

text: S

text: Id

text: at

text: Id

text: at

text: Id

text: at

text: Id

text: at

text: For

text: the

text: concurring

text: opinion

text: of

text: MR

text: JUSTICE

text: DOUGLAS

text: see

text: id

text: at

text: U

text: S

text: Id

text: at

text: See

text: also

text: United

text: States

text: v

text: Rabinowitz

text: U

text: S

text: dissenting

text: opinion

text: This

text: confidential

text: source

text: told

text: the

text: police

text: in

text: the

text: same

text: breath

text: that

text: there

text: was

text: a

text: large

text: amount

text: of

text: policy

text: paraphernalia

text: being

text: hidden

text: in

text: the

text: home

text: The

text: purported

text: warrant

text: has

text: disappeared

text: from

text: the

text: case

text: The

text: State

text: made

text: no

text: attempt

text: to

text: prove

text: its

text: existence

text: issuance

text: or

text: contents

text: either

text: at

text: the

text: trial

text: or

text: on

text: the

text: hearing

text: of

text: a

text: preliminary

text: motion

text: to

text: suppress

text: The

text: Supreme

text: Court

text: of

text: Ohio

text: said

text: There

text: is

text: in

text: the

text: record

text: considerable

text: doubt

text: as

text: to

text: whether

text: there

text: ever

text: was

text: any

text: warrant

text: for

text: the

text: search

text: of

text: defendant

text: s

text: home

text: Admittedly

text: there

text: was

text: no

text: warrant

text: authorizing

text: a

text: search

text: for

text: any

text: lewd

text: or

text: lascivious

text: book

text: print

text: or

text: picture

text: Ohio

text: St

text: N

text: E

text: d

text: Emphasis

text: added

text: Ohio

text: Rev

text: Code

text: No

text: person

text: shall

text: knowingly

text: have

text: in

text: his

text: possession

text: or

text: under

text: his

text: control

text: an

text: obscene

text: lewd

text: or

text: lascivious

text: book

text: magazine

text: pamphlet

text: paper

text: writing

text: advertisement

text: circular

text: print

text: picture

text: or

text: drawing

text: of

text: an

text: indecent

text: or

text: immoral

text: nature

text: Whoever

text: violates

text: this

text: section

text: shall

text: be

text: fined

text: not

text: less

text: than

text: two

text: hundred

text: nor

text: more

text: than

text: two

text: thousand

text: dollars

text: or

text: imprisoned

text: not

text: less

text: than

text: one

text: nor

text: more

text: than

text: seven

text: years

text: or

text: both

text: The

text: notice

text: of

text: appeal

text: shall

text: set

text: forth

text: the

text: questions

text: presented

text: by

text: the

text: appeal

text: Only

text: the

text: questions

text: set

text: forth

text: in

text: the

text: notice

text: of

text: appeal

text: or

text: fairly

text: comprised

text: therein

text: will

text: be

text: considered

text: by

text: the

text: court

text: Rule

text: c

text: Rules

text: of

text: the

text: Supreme

text: Court

text: of

text: the

text: United

text: States

text: Did

text: the

text: conduct

text: of

text: the

text: police

text: in

text: procuring

text: the

text: books

text: papers

text: and

text: pictures

text: placed

text: in

text: evidence

text: by

text: the

text: Prosecution

text: violate

text: Amendment

text: IV

text: Amendment

text: V

text: and

text: Amendment

text: XIV

text: Section

text: of

text: the

text: United

text: States

text: Constitution

text: The

text: material

text: parts

text: of

text: that

text: law

text: are

text: quoted

text: in

text: note

text: of

text: the

text: Court

text: s

text: opinion

text: Ante

text: p

text: In

text: its

text: note

text: ante

text: p

text: the

text: Court

text: it

text: seems

text: to

text: me

text: has

text: turned

text: upside

text: down

text: the

text: relative

text: importance

text: of

text: appellant

text: s

text: reliance

text: on

text: the

text: various

text: points

text: made

text: by

text: him

text: on

text: this

text: appeal

text: See

text: Ohio

text: St

text: N

text: E

text: d

text: Because

text: of

text: the

text: unusual

text: provision

text: of

text: the

text: Ohio

text: Constitution

text: requiring

text: the

text: concurrence

text: of

text: at

text: least

text: all

text: but

text: one

text: of

text: the

text: judges

text: of

text: the

text: Ohio

text: Supreme

text: Court

text: before

text: a

text: state

text: law

text: is

text: held

text: unconstitutional

text: except

text: in

text: the

text: case

text: of

text: affirmance

text: of

text: a

text: holding

text: of

text: unconstitutionality

text: by

text: the

text: Ohio

text: Court

text: of

text: Appeals

text: Ohio

text: Const

text: Art

text: IV

text: the

text: State

text: Supreme

text: Court

text: was

text: compelled

text: to

text: uphold

text: the

text: constitutionality

text: of

text: despite

text: the

text: fact

text: that

text: four

text: of

text: its

text: seven

text: judges

text: thought

text: the

text: statute

text: offensive

text: to

text: the

text: Fourteenth

text: Amendment

text: Respecting

text: the

text: substantiality

text: of

text: the

text: federal

text: questions

text: tendered

text: by

text: this

text: appeal

text: appellant

text: s

text: Jurisdictional

text: Statement

text: contained

text: the

text: following

text: The

text: Federal

text: questions

text: raised

text: by

text: this

text: appeal

text: are

text: substantial

text: for

text: the

text: following

text: reasons

text: The

text: Ohio

text: Statute

text: under

text: which

text: the

text: defendant

text: was

text: convicted

text: violates

text: one

text: s

text: sacred

text: right

text: to

text: own

text: and

text: hold

text: property

text: which

text: has

text: been

text: held

text: inviolate

text: by

text: the

text: Federal

text: Constitution

text: The

text: right

text: of

text: the

text: individual

text: to

text: read

text: to

text: believe

text: or

text: disbelieve

text: and

text: to

text: think

text: without

text: governmental

text: supervision

text: is

text: one

text: of

text: our

text: basic

text: liberties

text: but

text: to

text: dictate

text: to

text: the

text: mature

text: adult

text: what

text: books

text: he

text: may

text: have

text: in

text: his

text: own

text: private

text: library

text: seems

text: to

text: be

text: a

text: clear

text: infringement

text: of

text: the

text: constitutional

text: rights

text: of

text: the

text: individual

text: Justice

text: Herbert

text: s

text: dissenting

text: Opinion

text: Appendix

text: A

text: Many

text: convictions

text: have

text: followed

text: that

text: of

text: the

text: defendant

text: in

text: the

text: State

text: Courts

text: of

text: Ohio

text: based

text: upon

text: this

text: very

text: same

text: statute

text: Unless

text: this

text: Honorable

text: Court

text: hears

text: this

text: matter

text: and

text: determines

text: once

text: and

text: for

text: all

text: that

text: the

text: Statute

text: is

text: unconstitutional

text: as

text: defendant

text: contends

text: there

text: will

text: be

text: many

text: such

text: appeals

text: When

text: Sections

text: and

text: of

text: the

text: Ohio

text: Revised

text: Code

text: the

text: latter

text: two

text: Sections

text: providing

text: exceptions

text: to

text: the

text: coverage

text: of

text: and

text: related

text: provisions

text: of

text: Ohio

text: s

text: obscenity

text: statutes

text: are

text: read

text: together

text: they

text: obviously

text: contravene

text: the

text: Federal

text: and

text: State

text: constitutional

text: provisions

text: by

text: being

text: convicted

text: under

text: the

text: Statute

text: involved

text: herein

text: and

text: in

text: the

text: manner

text: in

text: which

text: she

text: was

text: convicted

text: Defendant

text: Appellant

text: has

text: been

text: denied

text: due

text: process

text: of

text: law

text: a

text: sentence

text: of

text: from

text: one

text: to

text: seven

text: years

text: in

text: a

text: penal

text: institution

text: for

text: alleged

text: violation

text: of

text: this

text: unconstitutional

text: section

text: of

text: the

text: Ohio

text: Revised

text: Code

text: deprives

text: the

text: defendant

text: of

text: her

text: right

text: to

text: liberty

text: and

text: the

text: pursuit

text: of

text: happiness

text: contrary

text: to

text: the

text: Federal

text: and

text: State

text: constitutional

text: provisions

text: for

text: circumstances

text: which

text: she

text: herself

text: did

text: not

text: put

text: in

text: motion

text: and

text: is

text: a

text: cruel

text: and

text: unusual

text: punishment

text: inflicted

text: upon

text: her

text: contrary

text: to

text: the

text: State

text: and

text: Federal

text: Constitutions

text: The

text: appellant

text: s

text: brief

text: did

text: not

text: urge

text: the

text: overruling

text: of

text: Wolf

text: Indeed

text: it

text: did

text: not

text: even

text: cite

text: the

text: case

text: The

text: brief

text: of

text: the

text: appellee

text: merely

text: relied

text: on

text: Wolf

text: in

text: support

text: of

text: the

text: State

text: s

text: contention

text: that

text: appellant

text: s

text: conviction

text: was

text: not

text: vitiated

text: by

text: the

text: admission

text: in

text: evidence

text: of

text: the

text: fruits

text: of

text: the

text: alleged

text: unlawful

text: search

text: and

text: seizure

text: by

text: the

text: police

text: The

text: brief

text: of

text: the

text: American

text: and

text: Ohio

text: Civil

text: Liberties

text: Unions

text: as

text: amici

text: did

text: in

text: one

text: short

text: concluding

text: paragraph

text: of

text: its

text: argument

text: request

text: the

text: Court

text: to

text: re

text: examine

text: and

text: overrule

text: Wolf

text: but

text: without

text: argumentation

text: I

text: quote

text: in

text: full

text: this

text: part

text: of

text: their

text: brief

text: This

text: case

text: presents

text: the

text: issue

text: of

text: whether

text: evidence

text: obtained

text: in

text: an

text: illegal

text: search

text: and

text: seizure

text: can

text: constitutionally

text: be

text: used

text: in

text: a

text: State

text: criminal

text: proceeding

text: We

text: are

text: aware

text: of

text: the

text: view

text: that

text: this

text: Court

text: has

text: taken

text: on

text: this

text: issue

text: in

text: Wolf

text: v

text: Colorado

text: U

text: S

text: It

text: is

text: our

text: purpose

text: by

text: this

text: paragraph

text: to

text: respectfully

text: request

text: that

text: this

text: Court

text: re

text: examine

text: this

text: issue

text: and

text: conclude

text: that

text: the

text: ordered

text: liberty

text: concept

text: guaranteed

text: to

text: persons

text: by

text: the

text: due

text: process

text: clause

text: of

text: the

text: Fourteenth

text: Amendment

text: necessarily

text: requires

text: that

text: evidence

text: illegally

text: obtained

text: in

text: violation

text: thereof

text: not

text: be

text: admissible

text: in

text: state

text: criminal

text: proceedings

text: Counsel

text: for

text: appellant

text: on

text: oral

text: argument

text: as

text: in

text: his

text: brief

text: did

text: not

text: urge

text: that

text: Wolf

text: be

text: overruled

text: Indeed

text: when

text: pressed

text: by

text: questioning

text: from

text: the

text: bench

text: whether

text: he

text: was

text: not

text: in

text: fact

text: urging

text: us

text: to

text: overrule

text: Wolf

text: counsel

text: expressly

text: disavowed

text: any

text: such

text: purpose

text: LEGITIMATE

text: PUBLICATIONS

text: NOT

text: OBSCENE

text: Sections

text: to

text: inclusive

text: of

text: the

text: Revised

text: Code

text: do

text: not

text: affect

text: teaching

text: in

text: regularly

text: chartered

text: medical

text: colleges

text: the

text: publication

text: of

text: standard

text: medical

text: books

text: or

text: regular

text: practitioners

text: of

text: medicine

text: or

text: druggists

text: in

text: their

text: legitimate

text: business

text: nor

text: do

text: they

text: affect

text: the

text: publication

text: and

text: distribution

text: of

text: bona

text: fide

text: works

text: of

text: art

text: No

text: articles

text: specified

text: in

text: sections

text: and

text: of

text: the

text: Revised

text: Code

text: shall

text: be

text: considered

text: a

text: work

text: of

text: art

text: unless

text: such

text: article

text: is

text: made

text: published

text: and

text: distributed

text: by

text: a

text: bona

text: fide

text: association

text: of

text: artists

text: or

text: an

text: association

text: for

text: the

text: advancement

text: of

text: art

text: whose

text: demonstrated

text: purpose

text: does

text: not

text: contravene

text: sections

text: to

text: inclusive

text: of

text: the

text: Revised

text: Code

text: and

text: which

text: is

text: not

text: organized

text: for

text: profit

text: C

text: This

text: section

text: and

text: sections

text: of

text: the

text: Revised

text: Code

text: shall

text: not

text: affect

text: any

text: newspaper

text: magazine

text: or

text: other

text: publication

text: entered

text: as

text: second

text: class

text: matter

text: by

text: the

text: post

text: office

text: department

text: The

text: Ohio

text: Supreme

text: Court

text: in

text: its

text: construction

text: of

text: controlling

text: upon

text: us

text: here

text: refused

text: to

text: import

text: into

text: it

text: any

text: other

text: exceptions

text: than

text: those

text: expressly

text: provided

text: by

text: the

text: statute

text: See

text: note

text: supra

text: Instead

text: it

text: held

text: that

text: If

text: anyone

text: looks

text: at

text: a

text: book

text: and

text: finds

text: it

text: lewd

text: he

text: is

text: forthwith

text: under

text: this

text: legislation

text: guilty

text: See

text: Wolf

text: v

text: Colorado

text: U

text: S

text: at

text: Irvine

text: v

text: California

text: U

text: S

text: and

text: at

text: In

text: the

text: latter

text: case

text: decided

text: in

text: Mr

text: Justice

text: Jackson

text: writing

text: for

text: the

text: majority

text: said

text: at

text: p

text: We

text: think

text: that

text: the

text: Wolf

text: decision

text: should

text: not

text: be

text: overruled

text: for

text: the

text: reasons

text: so

text: persuasively

text: stated

text: therein

text: Compare

text: Schwartz

text: v

text: Texas

text: U

text: S

text: and

text: Stefanelli

text: v

text: Minard

text: U

text: S

text: in

text: which

text: the

text: Wolf

text: case

text: was

text: discussed

text: and

text: in

text: no

text: way

text: disapproved

text: And

text: see

text: Pugach

text: v

text: Dollinger

text: U

text: S

text: which

text: relied

text: on

text: Schwartz

text: Actually

text: only

text: four

text: members

text: of

text: the

text: majority

text: support

text: this

text: reasoning

text: See

text: pp

text: infra

text: Rea

text: v

text: United

text: States

text: U

text: S

text: Elkins

text: v

text: United

text: States

text: U

text: S

text: Rios

text: v

text: United

text: States

text: U

text: S

text: My

text: Brother

text: STEWART

text: concurs

text: in

text: the

text: Court

text: s

text: judgment

text: on

text: grounds

text: which

text: have

text: nothing

text: to

text: do

text: with

text: Wolf