holding that a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial, and stating that “the additional contribution, if any, of the consideration of search-and-seizure claims of state prisoners on collateral review is small in the relation to the costs____ In this context the contribution of the exclusionary rule, if any, to the effectuation of the Fourth Amendment is minimal and the substantial societal costs of the application persist with special force”
How later courts described this case
- holding that a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial, and stating that “the additional contribution, if any, of the consideration of search-and-seizure claims of state prisoners on collateral review is small in the relation to the costs____ In this context the contribution of the exclusionary rule, if any, to the effectuation of the Fourth Amendment is minimal and the substantial societal costs of the application persist with special force”
- holding that “where the State has provided an 9 opportunity for full and fair litigation of a Fourth Amendment claim, the Constitution does not 10 require that a state prisoner be granted federal habeas corpus relief on the ground that evidence 11 obtained in an unconstitutional search or seizure was introduced at his trial”
- holding “that where the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, the Constitution does not require that a state prisoner be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.”
- holding that when the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, the Constitution does not require that a state prisoner be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial
Written by the judges who cited it.
Later courts went against this
Reported overruled by Kimmelman v. Morrison, 477 U.S. 365 (1986) — not on the Supreme Court's list
477 U.S. 365 (1986), overruled Stone v. Powell, 428 U.S. 465
Declined to follow by Joseph Allen Wilson v. Hon. Robert J. Henderson, Superintendent, Auburn Correctional Facility, 584 F.2d 1185 (1978)
The Supreme Court has thus far carefully confined the effect of Stone to Fourth Amendment claims, and we therefore decline to apply that case to Fifth Amendment self incrimination issues until the implications of such a ruling have been fully explored.
Declined to follow by Rose v. Mitchell, 443 U.S. 545 (1979)
We therefore decline to extend the rationale of Stone v. Powell to a claim of discrimination in the selection of the grand jury that indicts the habeas petitioner.
Declined to follow by Eutues White v. Fred Finkbeiner, 687 F.2d 885 (1982)
For reasons discussed more fully below, we decline to extend Stone.
Disagreed with by Benny Lee Willett v. A.L. Lockhart, Director, Arkansas Department of Correction, 37 F.3d 1265 (1994)
We reject this three-part test as a subversion of the Stone rule.
Distinguished
Distinguished by Eduardo Cruz v. Robert Alexander, 708 F.2d 31 (1983)
He concluded that Stone was inapplicable, but ruled, alternatively, that even if Stone applied, Cruz’ claims should be considered because the state courts “failed to provide ‘an opportunity for full and fair litigation’ ” of his claims. 477 F.Supp. at 522 (quoting Stone v. Powell, supra, 428 U.S. at 495 n. 37, 96 S.Ct. at 3052-53 n. 37).
Distinguished by Barton v. Chemical Bank, 577 F.2d 1329 (1978)
Having found that appellant received an opportunity for full and fair consideration of his fourth amendment claim, we now turn to a second argument designed to rid his path of the Stone obstacle: that the rule of that decision is inapplicable where, as here, the fruit of the illegal arrest is not physical evidence but rather a lineup identification.
The opinion
Mr. Justice White,
dissenting.
For many of the reasons stated by Mr. Justice Brennan, I cannot agree that the writ of habeas corpus should be any less available to those convicted of state crimes where they allege Fourth Amendment violations than where other constitutional issues are presented to the federal court. Under the amendments to the habeas corpus statute, which were adopted after Fay v. Noia, 372 U. S. 391 (1963), and represented an effort by Congress to lend a modicum of finality to state criminal judgments, I cannot distinguish between Fourth Amendment and other constitutional issues.
Suppose, for example, that two confederates in crime, Smith and Jones, are tried separately for a state crime and convicted on the very same evidence, including evidence seized incident to their arrest allegedly made without probable cause. Their constitutional claims are fully aired, rejected, and preserved on appeal. Their convictions are affirmed by the State's highest court. Smith, the first to be tried, does not petition for certiorari, or does so but his petition is denied. Jones, whose conviction was considerably later, is more successful. His petition for certiorari is granted and his conviction reversed because this Court, without making any new rule of law, simply concludes that on the undisputed facts the arrests were made without probable cause and the challenged evidence was therefore seized in violation of the Fourth Amendment. The State must either retry Jones or release him, necessarily because he is deemed in custody in violation of the Constitution. It turns out that without the evidence illegally seized, the State has no case; *537 and Jones goes free. Smith then files his petition for habeas corpus. He makes no claim that he did not have a full and fair hearing in the state courts, but asserts that his Fourth Amendment claim had been erroneously decided and that he is being held in violation of the Federal Constitution. He cites this Court’s decision in Jones’ case to satisfy any burden placed on him by § 2254 to demonstrate that the state court was in error. Unless the Court’s reservation, in its present opinion, of those situations where the defendant has not had a full and fair hearing in the state courts is intended to encompass all those circumstances under which a state criminal judgment may be re-examined under § 2254 — in which event the opinion is essentially meaningless and the judgment erroneous — Smith’s petition would be dismissed, and he would spend his life in prison while his colleague is a free man. I cannot believe that Congress intended this result.
Under the present habeas corpus statute, neither Rice’s nor Powell’s application for habeas corpus should be dismissed on the grounds now stated by the Court. I would affirm the judgments of the Courts of Appeals as being acceptable applications of the exclusionary rule applicable in state criminal trials by virtue of Mapp v. Ohio, 367 U. S. 643 (1961).
I feel constrained to say, however, that I would join four or more other Justices in substantially limiting the reach of the exclusionary rule as presently administered under the Fourth Amendment in federal and state criminal trials.
Whether I would have joined the Court’s opinion in Mapp v. Ohio, supra, had I then been a Member of the Court, I do not know. But as time went on after coming to this bench, I became convinced that both *538 Weeks v. United States, 232 U. S. 383 (1914), and Mapp v. Ohio had overshot their mark insofar as they aimed to deter lawless action by law enforcement personnel and that in many of its applications the exclusionary rule was not advancing that aim in the slightest, and that in this respect it was a senseless obstacle to arriving at the truth in many criminal trials.
The rule has been much criticized and suggestions have been made that it should be wholly abolished, but I would overrule neither Weeks v. United States nor Mapp v. Ohio . I am nevertheless of the view that the rule should be substantially modified so as to prevent its application in those many circumstances where the evidence at issue was seized by an officer acting in the good-faith belief that his conduct comported with existing law and having reasonable grounds for this belief. These are recurring situations; and recurringly evidence is excluded without any realistic expectation that its exclusion will contribute in the slightest to the purposes of the rule, even though the trial will be seriously affected or'the indictment dismissed.
An officer sworn to uphold the law and to apprehend those who break it inevitably must make judgments regarding probable cause to arrest: Is there reasonable ground to believe that a crime has been committed and that a particular suspect has committed it? Sometimes the historical facts are disputed or are otherwise in doubt. In other situations the facts may be clear so far as they are known, yet the question of probable cause remains. In still others there are special worries about the reliability of secondhand information such as that coming from informants. In any of these situations, which occur repeatedly, when the officer is convinced that he has probable cause to arrest he will very *539 likely make the arrest. Except in emergencies, it is probable that his colleagues or superiors will participate in the decision, and it may be that the officer will secure a warrant, although warrantless arrests on probable cause are not forbidden by the Constitution or by state law. Making the arrest in such circumstances is precisely what the community expects the police officer to do. Neither officers nor judges issuing arrest warrants need delay apprehension of the suspect until unquestioned proof against him has accumulated. The officer may be shirking his duty if he does so.
In most of these situations, it is hoped that the officer’s judgment will be correct; but experience tells us that there will be those occasions where the trial or appellate court will disagree on the issue of probable cause, no matter how reasonable the grounds for arrest appeared to the officer and though reasonable men could easily differ on the question. It also happens that after the events at issue have occurred, the law may change, dramatically or ever so slightly, but in any event sufficiently to require the trial judge to hold that there was not probable cause to make the arrest and to seize the evidence offered by the prosecution. It may also be, as in the Powell case now before us, that there is probable cause to make an arrest under a particular criminal statute but when evidence seized incident to the arrest is offered in support of still another criminal charge, the statute under which the arrest and seizure were made is declared unconstitutional and the evidence ruled inadmissible under the exclusionary rule as presently administered.
In these situations, and perhaps many others, excluding the evidence will not further the ends of the exclusionary rule in any appreciable way; for it is painfully apparent that in each of them the officer is acting as a *540 reasonable officer would and should act in similar circumstances. Excluding the evidence can in no way-affect his future conduct unless it is to make him less willing to do his duty. It is true that in such cases the courts have ultimately determined that in their view the officer was mistaken; but it is also^ true that in making constitutional judgments under the general language used in some parts of our Constitution, including the Fourth Amendment, there is much room for disagreement among judges, each of whom is convinced that both he and his colleagues are reasonable men. Surely when this Court divides five to four on issues of probable cause, it is not tenable to conclude that the officer was at fault or acted unreasonably in making the arrest.
When law enforcement personnel have acted mistakenly, but in good faith and on reasonable grounds, and yet the evidence they have seized is later excluded, the exclusion can have no deterrent effect. The officers, if they do their duty, will act in similar fashion in similar circumstances in the future; and the only consequence of the rule as presently administered is that unimpeachable and probative evidence is kept from the trier of fact and the truth-finding function of proceedings is substantially impaired or a trial totally aborted.
Admitting the evidence in such circumstances does not render judges participants in Fourth Amendment violations. The violation, if there was one, has already occurred and the evidence is at hand. Furthermore, there has been only mistaken, but unintentional and fáultless, conduct by enforcement officers. Exclusion of the evidence does not cure the invasion of the defendant’s rights which he has already suffered. Where an arrest has been made on probable cause but the defendant is acquitted, under federal law the defendant has no right to damages simply because his innocence has been *541 proved. “A policeman’s lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause, and being mulcted in damages if he does.” Pierson v. Ray, 386 U. S. 547, 555 (1967). The officer is also excused from liability for “acting under a statute that he reasonably believed to be valid but that was later held unconstitutional, on its face or as applied.” Ibid. There is little doubt that as far as civil liability is concerned, the rule is the same under federal law where the officer mistakenly but reasonably believes he has probable cause for an arrest. In Scheuer v. Rhodes, 416 U. S. 232 (1974), the Court announced generally that officers of the executive branch of the government should be immune from liability where their action is reasonable “in light of all the circumstances, coupled with good-faith belief.” Id., at 247-248 . The Court went on to say:
“Public officials, whether governors, mayors or police, legislators or judges, who fail to make decisions when they are needed or who do not act to implement decisions when they are made do not fully and faithfully perform the duties of their offices. Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err. The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all.” Id., at 241-242 (footnote omitted).
The Court has proceeded on this same basis in other contexts. O’Connor v. Donaldson, 422 U. S. 563 (1975); Wood v. Strickland, 420 U. S. 308 (1975).
If the defendant in criminal cases may not recover for a mistaken but good-faith invasion of his privacy, it *542 makes even less sense to exclude the evidence solely on his behalf. He is not at all recompensed for the invasion by merely getting his property back. It is often contraband and stolen property to which he is not entitled in any event. He has been charged with crime and is seeking to have probative evidence against him excluded, although often it is the instrumentality of the crime. There is very little equity in the defendant’s side in these circumstances. The exclusionary rule, a judicial construct, seriously shortchanges the public interest as presently applied. I would modify it accordingly.