Mapp v. Ohio · ¶52

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 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. 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.

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