Elkins v. United States

*233Me. Justice Frankfurter, whom Mr. Justice Clark, Mr. Justice Harlan and Mr. Justice Whittaker join,

dissenting.*

The Court today overturns a rule of evidence always the law and formally announced in 1914 by a unanimous Court including Mr. Justice Holmes and Mr. Justice Hughes. Weeks v. United States, 232 U. S. 383, 398. The rule has since that time been applied in this Court’s unanimous per curiam decision in 1925 in Center v. United States, 267 U. S. 575, and for nearly half a century, as a matter of course, in federal prosecutions without number throughout the United States. In 1927, a…