Mapp v. Ohio · ¶48

The close interrelationship between the Fourth and Fifth Amendments, as they apply to this problem, has long been recognized and, indeed, was expressly made the ground for this Court’s holding in Boyd v. United States. 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.” It was upon this ground that Mr. Justice Rutledge largely relied in his dissenting opinion in the Wolf case. 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…

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