Mapp v. Ohio · ¶77

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…

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