Скачать или смотреть Wolf v Colorado | US Constitutional Law | Legal Education

Wolf v Colorado, 338 US 25 (1949) was overruled by Mapp v Ohio in 1961 but it's an important case for understanding why States were not bound by the exclusionary rule established in Weeks v United States (1914). According to the Court, the States were constrained by the due process clause of the 14th Amendment which did not necessarily include the exclusionary rule - although it might if a State chooses to implement it as a remedy.
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Justice Frankfurter's opinion was, as they say, on the wrong side of history:

"Unlike the specific requirements and restrictions placed by the Bill of Rights (Amendments I to VIII) upon the administration of criminal justice by federal authority, the Fourteenth Amendment did not subject criminal justice in the States to specific limitations. The notion that the "due process of law" guaranteed by the Fourteenth Amendment is shorthand for the first eight amendments of the Constitution and thereby incorporates them has been rejected by this Court again and again, after impressive consideration. See, e. g., Hurtado v. California, 110 U. S. 516; Twining v. New Jersey, 211 U. S. 78; Brown v. Mississippi, 297 U. S. 278; Palko v. Connecticut, 302 U. S. 319. Only the other day the Court reaffirmed this rejection after thorough reexamination of the scope and function of the Due Process Clause of the Fourteenth Amendment. Adamson v. California, 332 U. S. 46. The issue is closed."
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