State v. Harbaugh

Respondent Harbaugh was convicted by jury trial in the District Court of Vermont, Unit No. 6, Windham Circuit, on two informations charging burglary in the nighttime *571and grand larceny. He seeks here, without protestation of innocence, a ruling that certain evidence against him, including a confession, should have been excluded below under the exclusionary rules rooted in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1926), and Wong Sun v. United States, 371 U.S. 471 (1963). He would, in short, have us rule that "the criminal is to go free because the constable has blundered.” Cf.…