ABSTRACT

This chapter describes about the US Supreme Court made the Fourth Amendment's prohibition of unreasonable searches and seizures applicable to the states, though refusing to require state courts to follow the federal rule that evidence obtained illegally may not be introduced against an accused at trial. The majority opinion by Justice Felix Frankfurter provided support for this interpretation by proclaiming that "the security of one's privacy against arbitrary intrusion by the police–which is at the core of the Fourth Amendment–is basic to a free society" and thus "enforceable against the states" under the Due Process Clause of the Fourteenth Amendment. The Frankfurter's opinion in Wolf was fully consistent with the "fundamental fairness" approach to due process that he consistently offered as an alternative to the incorporation doctrine endorsed by his more liberal colleagues. It was logical that the majority justices in Mapp were willing to make the constitutional protection against unreasonable searches or seizures fully applicable to the states.