Herndon v. City of Ithaca

While I agree with the court’s disposition of Herndon’s first three contentions, I cannot abide by its resolution of the final question, i.e., whether evidence that was ruled inadmissible in the criminal proceedings against plaintiff, due to illegal search and seizure, must also be excluded at the civil trial arising out of the same facts, particularly where plaintiff took the stand and denied having committed any crime. This is a question of first impression and its resolution turns on the evolving exclusionary doctrine of Mapp v. Ohio (367 U. S. 643). In that case, the United States Supreme…