Terry v. Ohio · ¶36

The manner in which the seizure and search were conducted is, of course, as vital a part of the inquiry as whether they were warranted at all. The Fourth Amendment proceeds as much by limitations upon the scope of governmental action as by imposing preconditions upon its initiation. Compare Katz v. United States, 389 U. S. 347, 354-356 (1967). The entire deterrent purpose of the rule excluding evidence seized in violation of the Fourth Amendment rests on the assumption that “limitations upon the fruit to be gathered tend to limit the quest itself.” United States v. Poller, 43 F. 2d 911, 914 (C. A. 2d Cir. 1930); see, e. g., Linkletter v. Walker, 381 U. S. 618, 629-635 (1965); Mapp v. Ohio, 367 U. S. 643 (1961); Elkins v. United States, 364 U. S. 206, 216-221 (1960). Thus, evidence may not be introduced if it was discovered by means of a seizure and search which were not reasonably…

U. S. Reports, bound volume
U. S. Reports, volume 392, at 1 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.