Chambers v. Maroney/Concurrence Stewart

by Potter Stewart

United States Supreme Court

399 U.S. 42

Chambers  v.  Maroney

 Argued: April 27, 1970. --- Decided: June 22, 1970

Mr. Justice STEWART, concurring.

I adhere to the view that the admission at trial of evidence acquired in alleged violation of Fourth Amendment standards is not of itself sufficient ground for a collateral attack upon an otherwise valid criminal conviction, state or federal. See Harris v. Nelson, 394 U.S. 286, 307, 89 S.Ct. 1082, 1094-1095, 22 L.Ed.2d 281 (dissenting opinion); Kaufman v. United States, 394 U.S. 217, 242, 89 S.Ct. 1068, 1082, 22 L.Ed.2d 227 (dissenting opinion). But until the Court adopts that view, I regard myself as obligated to consider the merits of the Fourth and Fourteenth Amendment claims in a case of this kind. Upon that premise I join the opinion and judgment of the Court.

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