Mapp v. Ohio (1961) Justice Tom Clark Delivered the Opinion of the Court
{"Image DocumentName": "Mapp v. Ohio (1961) Justice Tom Clark Delivered the Opinion of the Court", "Image ImageDescription": "Clark explained that the facts that supported the Wolf Court\u2019s decision not to incorporate the exclusionary rule, were no longer controlling: more than half of the states have adopted the exclusionary rule, in adopting it California explained that other means of protection don\u2019t work and other Supreme Court decisions since Wolf confirm this. Since the Fourth Amendment\u2019s right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. Were it otherwise, then just as without the Weeks rule the assurance against unreasonable federal searches and seizures would be \u2018a form of words,\u2019 valueless and undeserving of mention in a perpetual charter of inestimable human liberties, so too, without that rule the freedom from state invasions of privacy would be so ephemeral and so neatly severed from its conceptual nexus with the freedom from all brutish means of coercing evidence as not to merit this Court\u2019s high regard as a freedom \u2018implicit in the concept of ordered liberty.\u2019 This Court has not hesitated to enforce as strictly against the States as it does against the Federal Government the rights of free speech and of a free press, the rights to notice and to a fair, public trial, including, as it does, the right not to be convicted by use of a coerced confession\u2026. And nothing could be more certain than that when a coerced confession is involved, \u2018the relevant ruled of evidence\u2019 are overridden without regard to \u2018the incidence of such conduct by the police,\u2019 slight or frequent. Why should not the same rule apply to what is tantamount to coerced testimony by way of unconstitutional seizure of goods, papers, effects, documents, etc.?", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}