Supreme Court Curbs Protection from Illegal Search and Seizure i

The U,S, Supreme Court has ruled that prisoners; convicted in slate courts after arrests that violated Fourth Amendment guarantees against illegal search and seizure can no longer gain an automatic healing in federal courts to exclude the wrongfully obtained evidence and reverse the conviction. The decision overturns previous Supceme Court opinions during the Warren era. William Brennan, Jr., and Thurgood Marshall, holdover^-from the pre-Nixon Court* bittecly protested tlie "continued evisceration of Fourth Amendment protections" represented by this and other decisions.

This right of appeal to federal courts, ail extension of the habeas corpus doctrine, will still be avaDable to state prisoners on a limited basis. However, the appellant will have to show to the federal court's satisfaction that the slate appellate procedure was not "full and fairr The prisoner must also show that the evidence was illegally seized before a hearing is granted. Justice Lewis Powell, [r.% who wrote the majority opinion, argued that continued inquiry into the validity of a search and permitting convictions to be overturned would genet ate "disrespect for the law:'

In related cases, the Court held that a drug search of the glove compartment of a locked car impounded for unrelated reasons was legal; the owner's subsequent marijuana conviction was upheld. The Nixon-Ford majority also decided that the U,S, Border Patrol-looking for illegal aliens - may legally stop and question motorists without a warrant or any reason for suspicion. Justices Brennan and Marshall dissented.

Continue reading here: Mail Checks Ruled Illegal

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