United States v. Clara Bell Hall

(dissenting), with whom

ELY and HUFSTEDLER, Circuit Judges, join:

I am obliged to dissent.

The majority misapprehends and oversimplifies appellant’s argument. Accordingly, it endorses a novel variation on the sort of illegal trade-off repudiated by the Supreme Court in Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437, 4 L.Ed.2d 1669 (1960),1 while simultaneously submerging the “imperative of judicial integrity” keynoted in that decision, id. at 222-223, 80 S.Ct. 1437. More fundamentally, it unduly warps established legal principles, enabling it to ride roughshod over both state and federal…