FEDERAL HABEAS CORPUS AND FOURTH AMENDMENT CLAIMS (2024)

Abstract

IN THE DECISIONS OF STONE V. POWELL AND WOLFF V. RICE (1976), THE SUPREME COURT HELD THAT IF A STATE HAS PROVIDED AN OPPORTUNITY FOR FULL AND FAIR LITIGATION OF A FOURTH AMENDMENT CLAIM, A STATE PRISONER MAY NOT BE GRANTED FEDERAL HABEAS CORPUS RELIEF ON THE GROUNDS THAT EVIDENCE UNCONSTITUTIONALLY SEIZED WAS INTRODUCED AT HIS TRIAL. THE AUTHOR ANALYZES THE PRECEDENT AND BACKGROUND OF THESE DECISIONS BY REVIEWING THE DEVELOPMENT OF THE FOURTH AMENDMENT PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES, THE EXCLUSIONARY RULE, AND THE COLLATERAL REMEDY OF HABEAS CORPUS...MSP