Rufus Glenn Sisk v. Ward Lane as Warden of the Indiana State Prison

KILEY, Circuit Judge.

The decisive question 1 in this habeas corpus proceeding is whether the exclusionary rule announced in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), should be applied retroactively to a 1950 search of Sisk’s automobile, resulting in seizure of evidence used to convict him in Indiana courts. The question is important because if Mapp is applied retroactively here a federal question is raised which must be answered in light of the recent Preston v. United States, 84 S.Ct. 881.

We hold that Mapp is inapplicable to the Sisk search in 1950, that there is no…