Mapp v. Ohio · ¶46

“For reasons stated in my dissenting opinion in Adam-son 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.”

U. S. Reports, bound volume
U. S. Reports, volume 367, at 643 (Library of Congress) · transcription: Caselaw Access Project
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