United States v. Earl Davis

There is much in the majority’s thoughtful and thorough opinion with which I agree. Alas, however, “I feel constrained by a sense of duty to express my nonconcurrence in the action of the court in this present case.” Twining v. New Jersey, 211 U.S. 78, 114, 29 S.Ct. 14, 53 L.Ed. 97 (1908) (Harlan, J., dissenting). I part company from the majority on two issues: (1) its application of the plain view exception to justify the seizure of the bag containing Davis’s clothing from the hospital and the subsequent search of that bag and (2) its refusal to apply the exclusionary rule.1 I conclude for…