All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. The Court noted that. The statute provides in pertinent part that "No person shall knowingly . Only one thing emerged with complete clarity from the Irvine case — that is that seven Justices rejected the "shock-the-conscience" constitutional standard enunciated in the Wolf and Rochin cases. We are aware of the view that this Court has taken on this issue in Wolf v. Colorado, 338 U.S. 25. Code, § 2905.34: "No person shall knowingly . Indeed, certainly as regards its "non-exclusionary" aspect, Wolf did no more than articulate the then existing assumption among the States that the federal cases enforcing the exclusionary rule "do not bind [the States], for they construe provisions of the Federal Constitution, the Fourth and Fifth Amendments, not applicable to the States." The philosophy of each Amendment and of each freedom is complementary to, although not dependent upon, that of the other in its sphere of influence — the very least that together they assure in either sphere is that no man is to be convicted on unconstitutional evidence. It seems to me that justice might well have been done in this case without overturning a decision on which the administration of criminal law in many of the States has long justifiably relied. . This reasoning ultimately rests on the unsound premise that because Wolf carried into the States, as part of "the concept of ordered liberty" embodied in the Fourteenth Amendment, the principle of "privacy" underlying the Fourth Amendment ( 338 U.S., at 27), it must follow that whatever configurations of the Fourth Amendment have been developed in the particularizing federal precedents are likewise to be deemed a part of "ordered liberty," and as such are enforceable against the States. The police entered a home forcefully, and seized documents that were later used to convict the occupant of a crime. For in Ohio evidence obtained by an unlawful search and seizure is admissible in a criminal prosecution at least where it was not taken from the "defendant's person by the use of brutal or offensive force against defendant." <> have in his possession or under his control an obscene, lewd, or lascivious book [or] . In the comparatively rare instance when a conviction is reviewed by us on due process grounds we deal then with a finished product in the creation of which we are allowed no hand, and our task, far from being one of over-all supervision, is, speaking generally, restricted to a determination of whether the prosecution was Constitutionally fair. . All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. ." . The preservation of a proper balance between state and federal responsibility in the administration of criminal justice demands patience on the part of those who might like to see things move faster among the States in this respect.
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