Linkletter v. Walker

In Mapp v. Ohio, 367 U. S. 643 (1961), we held that the exclusion of evidence seized in violation of the search and seizure provisions of the Fourth Amendment was required of the States by the Due Process Clause of the Fourteenth Amendment. In so doing we overruled Wolf v. Colorado, 338 U. S. 25 (1949), to the extent that it failed to apply the exclusionary rule to the States.1 This case presents the question of whether this requirement operates retrospectively upon cases finally decided in the *634period prior to Mapp. The Court of Appeals for the Fifth Circuit held that it did not, 323 F. 2d…