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The first point that would occur to an English-speaking
person not conversant with the vagaries of our jurisprudence is
that the Fourth Amendment says nothing of excluding evidence from
a trial. It is excluded because of something called the Weeks
rule as Justice Hugo L. Black, in dissent, explains:
It was not until 1914 . . . that the Court
in Weeks v. United States, 232 U.S. 383, stated that the
Fourth Amendment itself barred the admission of evidence seized
in violation of the Fourth Amendment. The Weeks opinion
made no express confession of a break with the past. But if it
was merely a proper reading of the Fourth Amendment, it seems
strange that it took this Court nearly 125 years to discover the
true meaning of those words. The truth is that the source of the
exclusionary rule simply cannot be found in the Fourth Amendment.
That Amendment did not when adopted, and does not now, contain
any constitutional rule barring the admission of illegally seized
evidence.
Evidence that the murdered girl had been in an
automobile belonging to Coolidge was discovered by a vacuum search
of the vehicle by New Hampshire authorities. Coolidge’s contention
was that this evidence was obtained in violation of the Fourth
Amendment and should have been excluded under the Weeks rule.
But the Fourth Amendment prohibits only unreasonable searches
and seizures. Was there anything unreasonable about the seizure
of the car and the vacuum search which followed?
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