Legal Opinion · Dissent

Draper v. United States

Supreme Court of the United States

Decided January 26, 1959No. 136Published

1DissentJustice Douglas

Decisions under the Fourth Amendment,1 taken in the long view, have not given the protection to the citizen which the letter and spirit of the Amendment would seem to require. One reason, I think, is that wherever a culprit is caught red-handed, as in leading Fourth Amendment cases, it is difficult to adopt and enforce a rule that would turn him loose. A rule protective of law-abiding citizens is not apt to flourish where its advocates are usually criminals. Yet the rule we fashion is for the innocent and guilty alike. If the word of the informer *315on which the present arrest was made is…

2Cases cited25 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Johnson v. United StatesSupreme Court of the United States · 1948
  4. United States v. Di ReSupreme Court of the United States · 1948
  5. Giordenello v. United StatesSupreme Court of the United States · 1958

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