TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P15

Gale Encyclopedia of American Law Volume 12 P15 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW MAPP V. OHIO 1 27 omnipresent teacher. For good or for ill it teaches the whole people by its example. If the government becomes a lawbreaker it breeds contempt for law it invites every man to become a law unto himself it invites anarchy. Nor can it lightly be assumed that as a practical matter adoption of the exclusionary rule fetters law enforcement. Only last year this Court expressly considered that contention and found that pragmatic evidence of a sort to the contrary was not wanting. Elkins v. United States supra 364 . at page 218 80 . at page 1444. The Court noted that The federal courts themselves have operated under the exclusionary rule of Weeks for almost half a century yet it has not been suggested either that the Federal Bureau of Investigation10 has thereby been rendered ineffective or that the administration of criminal justice in the federal courts has thereby been disrupted. Moreover the experience of the states is impressive . The movement towards the rule of exclusion has been halting but seemingly inexorable. Id. 364 . at pages 218-219 80 . at pages 1444-1445. The ignoble shortcut to conviction left open to the State tends to destroy the entire system of constitutional restraints on which the liberties of the people Having once recognized that the right to privacy embodied in the Fourth Amendment is enforceable against the States and that the right to be secure against rude invasions of privacy by state officers is therefore constitutional in origin we can no longer permit that right to remain an empty promise. Because it is enforceable in the same manner and to like effect as other basic rights secured by the Due Process Clause we can no longer permit it to be revocable at the whim of any police officer who in the name of law enforcement itself chooses to suspend its enjoyment. Our decision founded on reason and truth gives to the individual no more than that which the Constitution guarantees him to .

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