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 | | The Court's reasons for not considering essential to the [367 U.S. 643, 651] right to privacy, as a curb imposed upon the States by the Due Process Clause, that which decades before had been posited as part and parcel of the Fourth Amendment's limitation upon federal encroachment of individual privacy, were bottomed on factual considerations. |
 | | We find that, [367 U.S. 643, 657] as to the Federal Government, the Fourth and Fifth Amendments and, as to the States, the freedom from unconscionable invasions of privacy and the freedom from convictions based upon coerced confessions do enjoy an "intimate relation" 8 in their perpetuation of "principles of humanity and civil liberty [secured]. |
 | | The unwisdom of overruling Wolf without full-dress argument [367 U.S. 643, 677] is aggravated by the circumstance that that decision is a comparatively recent one (1949) to which three members of the present majority have at one time or other expressly subscribed, one to be sure with explicit misgivings. |
| www.tcleose.state.tx.us /Course_Reviews/BPOC/BPOC_618_04/07-ArrestSearchSeizure-Case1.doc (10315 words) |
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