STONE V. POWELL, 428 U. S. 465 (1976)
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U.S. Supreme Court
Stone v. Powell, 428 U.S. 465 (1976)
Stone v. Powell
No. 74-1055
Argued February 24, 1976
Decided July 6, 1976
428 U.S. 465
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Respondent in No. 74-1055, was convicted of murder in state court, in part on the basis of testimony concerning a revolver found on his person when he was arrested for violating a vagrancy ordinance. The trial court rejected respondent's contention that the testimony should have been excluded because the ordinance was unconstitutional and the arrest therefore invalid. The appellate court affirmed, finding it unnecessary to pass upon the legality of the arrest and search because of the court's conclusion that the error, if any, in admitting the challenged testimony was harmless, beyond a reasonable doubt. Respondent then applied for habeas corpus relief in the Federal District Court, which concluded that the arresting officer had probable cause, and that, even if the vagrancy ordinance was unconstitutional, the deterrent purpose of the exclusionary rule did not require that it be applied to bar admission of the fruits of a search incident to an otherwise valid arrest. The court held, alternatively, that any error in admission of the challenged evidence was harmless. The Court of Appeals reversed, concluding that the ordinance was unconstitutional; that respondent's arrest was therefore illegal; and that, although exclusion of the evidence would serve no deterrent purpose with regard to officers who were enforcing statutes in good faith, exclusion would deter legislators from enacting unconstitutional statutes. The court also held that admission of the evidence was not harmless error. In No. 74-1222, respondent was also convicted of murder in a state court, in part on the basis of evidence seized pursuant to a search warrant which respondent on a suppression motion claimed was invalid. The trial court denied respondent's motion to suppress, and was upheld on appeal. Respondent then filed a habeas corpus petition in Federal District Court. The court concluded that the warrant was invalid, and rejected the State's contention that, in any event, probable cause justified the
search. The Court of Appeals affirmed.
Held: Where the State, as in each of these cases, 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 ground that evidence obtained through an unconstitutional search and seizure was introduced at his trial. In this context, the contribution of the exclusionary rule, if any, to the effectuation of the Fourth Amendment is minimal as compared to the substantial societal costs of applying the rule. Pp. 428 U. S. 474-495.
(a) Until these cases, this Court has had no occasion fully to examine the validity of the assumption made in Kaufman v. United States, 394 U. S. 217, that the effectuation of the Fourth Amendment, as applied to the States through the Fourteenth, requires the granting of habeas corpus relief when a prisoner has been convicted in state court on the basis of evidence obtained in an illegal search or seizure since those Amendments were held in Mapp v. Ohio, 367 U. S. 643, to require exclusion of such evidence at trial and reversal of conviction upon direct review. Pp. 428 U. S. 480-481.
(b) The Mapp majority justified application of the exclusionary rule chiefly upon the belief that exclusion would deter future unlawful police conduct, and though preserving the integrity of the judicial process has been alluded to as also justifying the rule, that concern is minimal where federal habeas corpus relief is sought by a prisoner who has already been given the opportunity for full and fair consideration of his search and seizure claim at trial and on direct review. Pp. 428 U. S. 484-486.
(c) Despite the broad deterrent purpose of the exclusionary rule, it has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons; in various situations, the Court has found the policies behind the rule outweighed by countervailing considerations. Pp. 428 U. S. 486-489.
(d) The ultimate question of guilt or innocence should be the central concern in a criminal proceeding. Application of the exclusionary rule, however, deflects the truthfinding process and often frees the guilty. Though the rule is thought to deter unlawful police activity, in part through nurturing respect for Fourth Amendment values, indiscriminate application of the rule may well generate disrespect for the law and the administration of justice. Pp. 428 U. S. 489-491.
(e) Despite the absence of supportive empirical evidence, the assumption has been that the exclusionary rule deters law enforcement
officers from violating the Fourth Amendment by removing the incentives to disregard it. Though the Court adheres to that view as applied to the trial and direct appeal stages, there is no reason to believe that the effect of applying the rule would be appreciably diminished if search and seizure claims could not be raised in federal habeas corpus review of state convictions. Even if some additional deterrent effect existed from application of the rule in isolated habeas corpus cases, the furtherance of Fourth Amendment goals would be outweighed by the detriment to the criminal justice system. Pp. 428 U. S. 492-494.
No. 74-1055, 507 F.2d 93; No. 74-1222, 513 F.2d 1280, reversed.
POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, REHNQUIST, and STEVENS, JJ., joined. BURGER, C.J., filed a concurring opinion, post, p. 428 U. S. 496. BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 428 U. S. 502. WHITE, J., filed a dissenting opinion, post, p. 428 U. S. 536.
MR. JUSTICE POWELL delivered the opinion of the Court.
Respondents in these cases were convicted of criminal offenses in state courts, and their convictions were affirmed on appeal. The prosecution in each case relied upon evidence obtained by searches and seizures alleged by respondents to have been unlawful. Each respondent subsequently sought relief in a Federal District Court by filing a petition for a writ of federal habeas corpus under
28 U.S.C. § 2254. The question presented is whether a federal court should consider, in ruling on a petition for habeas corpus relief filed by a state prisoner, a claim that evidence obtained by an unconstitutional search or seizure was introduced at his trial, when he has previously been afforded an opportunity for full and fair litigation of his claim in the state courts. The issue is of considerable importance to the administration of criminal justice.
I
We summarize first the relevant facts and procedural history of these cases.
A
Respondent Lloyd Powell was convicted of murder in June, 1968, after trial in a California state court. At about midnight on February 17, 1968, he and three companions entered the Bonanza Liquor Store in San Bernardino, Cal., where Powell became involved in an altercation with Gerald Parsons, the store manager, over the theft of a bottle of wine. In the scuffling that followed, Powell shot and killed Parsons' wife. Ten hours later, an officer of the Henderson, Nev., Police Department arrested Powell for violation of the Henderson vagrancy ordinance, [Footnote 1] and in the search incident to the arrest discovered a .38-caliber revolver with six expended cartridges in the cylinder.
Powell was extradited to California and convicted of
second-degree murder in the Superior Court of San Bernardino County. Parsons and Powell's accomplices at the liquor store testified against him. A criminologist testified that the revolver found on Powell was the gun that killed Parsons' wife. The trial court rejected Powell's contention that testimony by the Henderson police officer as to the search and the discovery of the revolver should have been excluded because the vagrancy ordinance was unconstitutional. In October, 1969, the conviction was affirmed by a California District Court of Appeal. Although the issue was duly presented, that court found it unnecessary to pass upon the legality of the arrest and search because it concluded that the error, if any, in admitting the testimony of the Henderson officer was harmless beyond a reasonable doubt under Chapman v. California, 386 U. S. 18 (1967). The Supreme Court of California denied Powell's petition for habeas corpus relief.
In August, 1971, Powell filed an amended petition for a writ of federal habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Northern District of California, contending that the testimony concerning the .38-caliber revolver should have been excluded as the fruit of an illegal search. He argued that his arrest had been unlawful because the Henderson vagrancy ordinance was unconstitutionally vague and that the arresting officer lacked probable cause to believe that he was violating it. The District Court concluded that the arresting officer had probable cause, and held that, even if the vagrancy ordinance was unconstitutional, the deterrent purpose of the exclusionary rule does not require that it be applied to bar admission of the fruits of a search incident to an otherwise valid arrest. In the alternative, that court agreed with the California District Court of Appeal that the admission of the evidence concerning
Powell's arrest, if error, was harmless beyond a reasonable doubt.
In December, 1974, the Court of Appeals for the Ninth Circuit reversed. 507 F.2d 93. The court concluded that the vagrancy ordinance was unconstitutionally vague, [Footnote 2] that Powell's arrest was therefore illegal, and that, although exclusion of the evidence would serve no deterrent purpose with regard to police officers who were enforcing statutes in good faith, exclusion would serve the public interest by deterring legislators from enacting unconstitutional statutes. Id. at 98. After an independent review of the evidence, the court concluded that the admission of the evidence was not harmless error, since it supported the testimony of Parsons and Powell's accomplices. Id. at 99.
B
Respondent David Rice was convicted of murder in April, 1971, after trial in a Nebraska state court. At 2:05 a.m. on August 17, 1970, Omaha police received a telephone call that a woman had been heard screaming at 2867 Ohio Street. As one of the officers sent to that address examined a suitcase lying in the doorway, it exploded, killing him instantly. By August, 22 the investigation of the murder centered on Duane Peak, a 15-year-old member of the National Committee to Combat
Fascism (NCCF), and that afternoon, a warrant was issued for Peak's arrest. The investigation also focused on other known members of the NCCF, including Rice, some of whom were believed to be planning to kill Peak before he could incriminate them. In their search for Peak, the police went to Rice's home at 10:30 that night and found lights and a television on, but there was no response to their repeated knocking. While some officers remained to watch the premises, a warrant was obtained to search for explosives and illegal weapons believed to be in Rice's possession. Peak was not in the house, but, upon entering, the police discovered, in plain view, dynamite, blasting caps and other materials useful in the construction of explosive devices. Peak subsequently was arrested, and, on August 27, Rice voluntarily surrendered. The clothes Rice was wearing at that time were subjected to chemical analysis, disclosing dynamite particles.
Rice was tried for first-degree murder in the District Court of Douglas County. At trial, Peak admitted planting the suitcase and making the telephone call, and implicated Rice in the bombing plot. As corroborative evidence the State introduced items seized during the search, as well as the results of the chemical analysis of Rice's clothing. The court denied Rice's motion to suppress this evidence. On appeal, the Supreme Court of Nebraska affirmed the conviction, holding that the search of Rice's home had been pursuant to a valid search warrant. State v. Rice, 188 Neb. 728, 199 N.W.2d 480 (1972).
In September, 1972, Rice filed a petition for a writ of habeas corpus in the United States District Court for Nebraska. Rice's sole contention was that his incarceration was unlawful because the evidence underlying his conviction had been discovered as the result of an illegal
search of his home. The District Court concluded that the search warrant was invalid, as the supporting affidavit was defective under Spinelli v. United States, 393 U. S. 410 (1969), and Aguilar v. Texas, 378 U. S. 108 (1964). 388 F.Supp. 185, 19194 (1974). [Footnote 3] The court also rejected the State's contention that, even if the warrant was invalid, the search was justified because of the valid arrest warrant for Peak and because of the exigent circumstances of the situation -- danger to Peak and search for bombs and explosives believed in possession of the NCCF. The court reasoned that the arrest warrant did not justify the entry, as the police lacked probable cause to believe Peak was in the house, and further concluded tat the circumstances were not sufficiently exigent to justify an immediate warrantless
search. Id. at 194-202. [Footnote 4] The Court of Appeals for the Eighth Circuit affirmed, substantially for the reasons stated by the District Court. 513 F.2d 1280 (1975).
Petitioners Stone and Wolff, the wardens of the respective state prisons where Powell and Rice are incarcerated, petitioned for review of these decisions, raising questions concerning the scope of federal habeas corpus and the role of the exclusionary rule upon collateral review of cases involving Fourth Amendment claims. We granted their petitions for certiorari. 4 22 U.S. 1055 (1975). [Footnote 5] We now reverse.
II
The authority of federal courts to issue the writ of habeas corpus ad subjiciendum [Footnote 6] was included in the first
grant of federal court jurisdiction, made by the Judiciary Act of 1789, c. 20, § 14, 1 Stat. 81, with the limitation that the writ extend only to prisoners held in custody by the United States. The original statutory authorization did not define the substantive reach of the writ. It merely stated that the courts of the United States "shall have power to issue writs of . . . habeas corpus. . . ." Ibid. The courts defined the scope of the writ in accordance with the common law, and limited it to an inquiry as to the jurisdiction of the sentencing tribunal. See, e.g., 28 U. S. 3 Pet. 193 (1830) (Marshall, C.J.).
In 1867, the writ was extended to state prisoners. Act of Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Under the 1867 Act, federal courts were authorized to give relief in
"all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States. . . ."
But the limitation of federal habeas corpus jurisdiction to consideration of the jurisdiction of the sentencing court persisted. See, e.g., In re Wood, 140 U. S. 278 (1891); In re Rahrer, 140 U. S. 545 (1891); Andrews v. Swartz, 156 U. S. 272 (1895); Bergemann v. Backer, 157 U. S. 655 (1895); Pettibone v. Nichols, 203 U. S. 192 (1906). And, although the concept of "jurisdiction" was subjected to considerable strain as the substantive scope of the writ was expanded, [Footnote 7] this
expansion was limited to only a few classes of cases [Footnote 8] until Frank v. Mangum, 237 U. S. 309, in 1915. In Frank, the prisoner had claimed in the state courts that the proceedings which resulted in his conviction for murder had been dominated by a mob. After the State Supreme Court rejected his contentions, Frank unsuccessfully sought habeas corpus relief in the Federal District Court. This Court affirmed the denial of relief because Frank's federal claims had been considered by a competent and unbiased state tribunal. The Court recognized, however, that, if a habeas corpus court found that the State had failed to provide adequate "corrective process" for the full and fair litigation of federal claims, whether or not "jurisdictional," the court could inquire into the merits to determine whether a detention was lawful. Id. at 237 U. S. 333-336.
In the landmark decision in Brown v. Allen, 344 U. S. 443, 344 U. S. 482-487 (1953), the scope of the writ was expanded still further. [Footnote 9] In that case and its companion case, Daniels v. Allen, state prisoners applied for federal habeas corpus relief, claiming that the trial courts had erred
in failing to quash their indictments due to alleged discrimination in the selection of grand jurors and in ruling certain confessions admissible. In Brown, the highest court of the State had rejected these claims on direct appeal, State v. Brown, 233 N.C. 202, 63 S.E.2d 99, and this Court had denied certiorari, 341 U.S. 943 (1951). Despite the apparent adequacy of the state corrective process, the Court reviewed the denial of the writ of habeas corpus and held that Brown was entitled to a full reconsideration of these constitutional claims, including, if appropriate, a hearing in the Federal District Court. In Daniels, however, the State Supreme Court, on direct review, had refused to consider the appeal because the papers were filed out of time. This Court held that, since the state court judgment rested on a reasonable application of the State's legitimate procedural rules, a ground that would have barred direct review of his federal claims by this Court, the District Court lacked authority to grant habeas corpus relief. See 344 U.S. at 344 U. S. 458, 486.
This final barrier to broad collateral reexamination of state criminal convictions in federal habeas corpus proceedings was removed in Fay v. Noia, 372 U. S. 391 (1963). [Footnote 10] Noia and two codefendants had been convicted
of felony murder. The sole evidence against each defendant was a signed confession. Noia's codefendants, but not Noia himself, appealed their convictions. Although their appeals were unsuccessful, in subsequent state proceedings, they were able to establish that their confessions had been coerced, and their convictions therefore procured in violation of the Constitution. In a subsequent federal habeas corpus proceeding, it was stipulated that Noia's confession also had been coerced, but the District Court followed Daniels in holding that Noia's failure to appeal barred habeas corpus review. See United States v. Fay, 183 F.Supp. 222, 225 (SDNY 1960). The Court of Appeals reversed, ordering that Noia's conviction be set aside and that he be released from custody or that a new trial be granted. This Court affirmed the grant of the writ, narrowly restricting the circumstances in which a federal court may refuse to consider the merits of federal constitutional claims. [Footnote 11]
During the period in which the substantive scope of the writ was expanded, the Court did not consider whether exceptions to full review might exist with respect
to particular categories of constitutional claims. Prior to the Court's decision in Kaufman v. United States, 394 U. S. 217 (1969), however, a substantial majority of the Federal Courts of Appeals had concluded that collateral review of search and seizure claims was inappropriate on motions filed by federal prisoners under 28 U.S.C. § 2255, the modern post-conviction procedure available to federal prisoners in lieu of habeas corpus. [Footnote 12] The primary rationale advanced in support of those decisions was that Fourth Amendment violations are different in kind from denials of Fifth or Sixth Amendment rights, in that claims of illegal search and seizure do not
"impugn the integrity of the factfinding process or challenge evidence as inherently unreliable; rather, the exclusion of illegally seized evidence is simply a prophylactic device intended generally to deter Fourth Amendment violations by law enforcement officers."
394 U.S. at 394 U. S. 224. See Thornton v. United States, 125 U.S.App.D.C. 114, 368 F.2d 822 (1966).
Kaufman rejected this rationale and held that search and seizure claims are cognizable in § 2255 proceedings. The Court noted that "the federal habeas remedy extends to state prisoners alleging that unconstitutionally obtained evidence was admitted against them at trial," 394 U.S. at 394 U. S. 225, citing, e.g., 392 U. S. DeForte, 392
U.S. 364 (1968); Carafas v. LaVallee, 391 U. S. 234 (1968), and concluded, as a matter of statutory construction, that there was no basis for restricting
"access by federal prisoners with illegal search and seizure claims to federal collateral remedies, while placing no similar restriction on access by state prisoners,"
394 U.S. at 394 U. S. 226. Although, in recent years, the view has been expressed that the Court should reexamine the substantive scope of federal habeas jurisdiction and limit collateral review of search and seizure claims
"solely to the question of whether the petitioner was provided a fair opportunity to raise and have adjudicated the question in state courts,"
Schneckloth v. Bustamonte, 412 U. S. 218, 412 U. S. 250 (1973) (POWELL, J., concurring), [Footnote 13] the Court, without discussion or consideration of the issue, has continued to accept jurisdiction in cases raising such claims. See Lefkowitz v. Newsome, 420 U. S. 283 (1975); Cady v. Dombrowski, 413 U. S. 433 (1973); Cardwell v. Lewis, 417 U. S. 583 (1974) (plurality opinion). [Footnote 14]
The discussion in Kaufman of the scope of federal habeas corpus rests on the view that the effectuation of the Fourth Amendment, as applied to the States through the Fourteenth Amendment, requires the granting of habeas corpus relief when a prisoner has been convicted
in state court on the basis of evidence obtained in an illegal search or seizure, since those Amendments were held in Mapp v. Ohio, 367 U. S. 643 (1961), to require exclusion of such evidence at trial and reversal of conviction upon direct review. [Footnote 15] Until these cases, we have not had occasion fully to consider the validity of this view. See, e.g., Schneckloth v. Bustamonte, supra at 412 U. S. 249 n. 3; Cardwell v. Lewis, supra at 417 U. S. 596, and n. 12. Upon examination, we conclude, in light of the nature and purpose of the Fourth Amendment exclusionary rule, that this view is unjustified. [Footnote 16] We hold, therefore, 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. [Footnote 17]
III
The Fourth Amendment assures the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Amendment was primarily a reaction to the evils associated with the use of the general warrant in England and the writs of assistance in the Colonies, Stanford v. Texas, 379 U. S. 476, 379 U. S. 481-485 (1965); Frank v. Maryland, 359 U. S. 360, 359 U. S. 363-365 (1959), and was intended to protect the "sanctity of a man's home and the privacies of life," Boyd v. United States, 116 U. S. 616, 116 U. S. 630 (1886), from searches under unchecked general authority. [Footnote 18]
The exclusionary rule was a judicially created means of effectuating the rights secured by the Fourth Amendment. Prior to the Court's decisions in Weeks v. United States, 232 U. S. 383 (1914), and Gouled v. United States, 255 U. S. 298 (1921), there existed no barrier to the introduction in criminal trials of evidence obtained in violation of the Amendment. See 192 U. S. 304-305 (1967). See also Silverthorne Lumber Co. v. United States, 251 U. S. 385 (1920) (fruits of illegally seized evidence). Thirty-five years after Weeks, the Court held in Wolf v. Colorado,@ 338 U. S. 25 (1949), that the right to be free from arbitrary intrusion by the police that is protected by the Fourth Amendment is
"implicit in 'the concept of ordered liberty,' and, as such, enforceable against the States through the [Fourteenth Amendment] Due Process Clause."
Id. at 338 U. S. 27-28. The Court concluded, however, that the Weeks exclusionary rule would not be imposed upon the States as "an essential ingredient of [that] right." 338 U.S. at 338 U. S. 29. The full force of Wolf was eroded in subsequent decisions, see Elkins v. United States, 364 U. S. 206 (1960); Rea v. United States, 350 U. S. 214 (1956), and, a little more than a decade later, the exclusionary rule was held applicable to the States in Mapp v. Ohio, 367 U. S. 643 (1961).
Decisions prior to Mapp advanced two principal reasons for application of the rule in federal trials. The Court in Elkins, for example, in the context of its special supervisory role over the lower federal courts, referred to the "imperative of judicial integrity," suggesting that exclusion of illegally seized evidence prevents contamination of the judicial process. 364 U.S. at 364 U. S. 222. [Footnote 20] But even in that context, a more pragmatic ground was emphasized:
"The rule is calculated to prevent, not to repair. Its purpose is to deter -- to compel respect for the constitutional guaranty in the only effectively available way -- by removing the incentive to disregard it."
Id. at 364 U. S. 217. The Mapp majority justified the application of the rule to the States on several grounds, [Footnote 21] but relied principally upon the belief that exclusion would deter future unlawful police conduct. 367 U.S. at 367 U. S. 658.
Although our decisions often have alluded to the "imperative of judicial integrity," e.g., United States v. Peltier, 422 U. S. 531, 422 U. S. 536-539 (1975), they demonstrate the limited role of this justification in the determination whether to apply the rule in a particular context. [Footnote 22] Logically extended, this justification would require that courts exclude unconstitutionally seized evidence despite lack of objection by the defendant, or even over his assent. Cf. Henry v. Mississippi, 379 U. S. 443 (1965). It also would require abandonment of the standing limitations on who may object to the introduction of unconstitutionally seized evidence, Alderman v. United States, 394 U. S. 165 (1969), and retreat from the proposition that judicial proceedings need not abate when the defendant's person is unconstitutionally seized, Gerstein v. Pugh, 420 U. S. 103, 420 U. S. 119 (1975); Frisbie v. Collins, 342 U. S. 519 (1952). Similarly, the interest in promoting judicial integrity does not prevent the use of illegally seized evidence in grand jury proceedings. United States v. Calandra, 414 U. S. 338 (1974). Nor does it require that the trial court exclude such evidence from use for impeachment of a defendant, even though its introduction is certain to result in conviction in some cases. Walder v. United States, 347 U. S. 62 (1954). The teaching of these cases is clear. While courts, of course, must ever be concerned with preserving the integrity of the judicial process, this concern has limited force as a justification for the exclusion of highly probative evidence. [Footnote 23]
The force of this justification becomes minimal where federal habeas corpus relief is sought by a prisoner who previously has been afforded the opportunity for full and fair consideration of his search and seizure claim at trial and on direct review.
The primary justification for the exclusionary rule then is the deterrence of police conduct that violates Fourth Amendment rights. Post-Mapp decisions have established that the rule is not a personal constitutional right. It is not calculated to redress the injury to the privacy of the victim of the search or seizure, for any "[r]eparation comes too late." Linkletter v. Walker, 381 U. S. 618, 381 U. S. 637 (196). Instead,
"the rule is a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect. . . ."
United States v. Calandra, supra at 414 U. S. 348. Accord, United States v. Peltier, supra at 422 U. S. 538-539; Terry v. Ohio, 392 U. S. 1, 392 U. S. 28-29 (1968); Linkletter v. Walker, supra at 381 U. S. 636-637; Tehan v. United States ex rel. Shott, 382 U. S. 406, 382 U. S. 416 (1966).
Mapp involved the enforcement of the exclusionary rule at state trials and on direct review. The decision in Kaufman, as noted above, is premised on the view that implementation of the Fourth Amendment also requires the consideration of search and seizure claims upon collateral review of state convictions. But despite the broad deterrent purpose of the exclusionary rule, it has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons. As in the case of any remedial device, "the application of the rule has been restricted to those areas where its remedial
objectives are thought most efficaciously served." United States v. Calandra, supra at 414 U. S. 348. [Footnote 24] Thus, our refusal to extend the exclusionary rule to grand jury proceedings was based on a balancing of the potential injury to the historic role and function of the grand jury by such extension against the potential contribution to the effectuation of the Fourth Amendment through deterrence of police misconduct:
"Any incremental deterrent effect which might be achieved by extending the rule to grand jury proceedings is uncertain, at best. Whatever deterrence of police misconduct may result from the exclusion of illegally seized evidence from criminal trials, it is unrealistic to assume that application of the rule to grand jury proceedings would significantly further that goal. Such an extension would deter only police investigation consciously directed toward the discovery of evidence solely for use in a grand jury investigation. . . . We therefore decline to embrace a view that would achieve a speculative and undoubtedly minimal advance in the deterrence of police misconduct at the expense of substantially
impeding the role of the grand jury."
414 U.S. at 414 U. S. 351-352 (footnote omitted).
The same pragmatic analysis of the exclusionary rule's usefulness in a particular context was evident earlier in Walder v. United States, supra, where the Court permitted the Government to use unlawfully seized evidence to impeach the credibility of a defendant who had testified broadly in his own defense. The Court held, in effect, that the interests safeguarded by the exclusionary rule in that context were outweighed by the need to prevent perjury and to assure the integrity of the trial process. The judgment in Walder revealed most clearly that the policies behind the exclusionary rule are not absolute. Rather, they must be evaluated in light of competing policies. In that case, the public interest in determination of truth at trial [Footnote 25] was deemed to outweigh the incremental contribution that might have been made to the protection of Fourth Amendment values by application of the rule.
The balancing process at work in these cases also finds expression in the standing requirement. Standing to invoke the exclusionary rule has been found to exist only when the Government attempts to use illegally obtained evidence to incriminate the victim of the illegal search. Brown v. United States, 411 U. S. 223 (1973); Alderman v. United States, 394 U. S. 165 (1969); Wong Sun v. United States, 371 U. S. 471, 371 U. S. 491-492 (1963). See Jones v. United States, 362 U. S. 257, 362 U. S. 261 (1960). The standing requirement is premised on the view that the "additional benefits of extending the . . . rule" to defendants other than the victim of the search or seizure are outweighed by the
"further encroachment upon the
public interest in prosecuting those accused of crime and having them acquitted or convicted on the basis of all the evidence which exposes the truth."
Alderman v. United States, supra at 394 U. S. 174-175. [Footnote 26]
IV
We turn now to the specific question presented by these cases. Respondents allege violations of Fourth Amendment rights guaranteed them through the Fourteenth Amendment. The question is whether state prisoners -- who have been afforded the opportunity for full and fair consideration of their reliance upon the exclusionary rule with respect to seized evidence by the state courts at trial and on direct review -- may invoke their claim again on federal habeas corpus review. The answer is to be found by weighing the utility of the exclusionary rule against the costs of extending it to collateral review of Fourth Amendment claims.
The costs of applying the exclusionary rule even at trial and on direct review are well known: [Footnote 27] the focus
of the trial, and the attention of the participants therein, are diverted from the ultimate question of guilt or innocence that should be the central concern in a criminal proceeding. [Footnote 28] Moreover, the physical evidence sought to be excluded is typically reliable and often the most probative information bearing on the guilt or innocence of the defendant. As Mr. Justice Black emphasized in his dissent in Kaufman:
"A claim of illegal search and seizure under the Fourth Amendment is crucially different from many other constitutional rights; ordinarily, the evidence seized can in no way have been rendered untrustworthy by the means of its seizure, and indeed often this evidence alone establishes beyond virtually any shadow of a doubt that the defendant is guilty."
394 U.S. at 394 U. S. 237. Application of the rule thus deflects the truthfinding process, and often frees the guilty. The disparity in particular cases between the error committed by the police officer and the windfall afforded a guilty defendant by application of the rule is contrary to the idea of proportionality that is essential to the concept of justice. [Footnote 29] Thus,
although the rule is thought to deter unlawful police activity in part through the nurturing of respect for Fourth Amendment values, if applied indiscriminately, it may well have the opposite effect of generating disrespect for the law and administration of justice. [Footnote 30] These long-recognized costs of the rule persist when a criminal conviction is sought to be overturned on collateral review on the ground that a search and seizure claim was erroneously rejected by two or more tiers of state courts. [Footnote 31]
Evidence obtained by police officers in violation of the Fourth Amendment is excluded at trial in the hope that the frequency of future violations will decrease. Despite the absence of supportive empirical evidence, [Footnote 32] we have assumed that the immediate effect of exclusion will be to discourage law enforcement officials from violating the Fourth Amendment by removing the incentive to disregard it. More importantly, over the long-term, this demonstration that our society attaches serious consequences to violation of constitutional rights is thought to encourage those who formulate law enforcement policies, and the officers who implement them, to incorporate Fourth Amendment ideals into their value system. [Footnote 33]
We adhere to the view that these considerations support the implementation of the exclusionary rule at trial and its enforcement on direct appeal of state court convictions. But the additional contribution, if any, of the consideration of search and seizure claims of state prisoners on collateral review is small in relation to the costs. To be sure, each case in which such claim is considered may add marginally to an awareness of the values protected by the Fourth Amendment. There is no reason to believe, however, that the overall educative effect of the exclusionary rule would be appreciably diminished if search and seizure claims could not be raised in federal habeas corpus review of state convictions. [Footnote 34] Nor is there reason to assume that any specific disincentive already created by the risk of exclusion of evidence at trial or the reversal of convictions on direct review would be enhanced if there were the further risk that a conviction obtained in state court and affirmed on direct review might be overturned in collateral proceedings often occurring years after the incarceration of the defendant. The view that the deterrence of Fourth Amendment violations would be furthered rests on the dubious assumption that law enforcement authorities would fear that federal habeas review might reveal flaws in a search or seizure that went undetected at trial and on appeal. [Footnote 35] Even if one rationally could assume that
some additional incremental deterrent effect would be present in isolated cases, the resulting advance of the legitimate goal of furthering Fourth Amendment rights would be outweighed by the acknowledged costs to other values vital to a rational system of criminal justice.
In sum, we conclude that, where the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, [Footnote 36] 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. [Footnote 37] 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 application of the rule persist with special force. [Footnote 38]
Accordingly, the judgments of the Courts of Appeals are
Reversed.
* Together with No. 74-1222, Wolff, Warden v. Rice, on certiorari to the United States Court of Appeals for the Eighth Circuit.
The ordinance provides:
"Every person is a vagrant who:"
"[1] Loiters or wanders upon the streets or from place to place without apparent reason or business and [2] who refuses to identify himself and to account for his presence when asked by a police officer to do so [3] if surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification."
In support of the vagueness holding, the court relied principally on Papachristou v. Jacksonville, 405 U. S. 156 (1972), where we invalidated a city ordinance in part defining vagrants as "persons wandering or strolling around from place to place without any lawful purpose or object. . . ." Id. at 405 U. S. 156-157, n. 1. Noting the similarity between the first element of the Henderson ordinance, see n 1, supra, and the Jacksonville ordinance, it concluded that the second and third elements of the Henderson ordinance were not sufficiently specific to cure its overall vagueness. 507 F.2d 95-97. Petitioner Stone challenges these conclusions, but, in view of our disposition of the case, we need not consider this issue.
The sole evidence presented to the magistrate was the affidavit in support of the warrant application. It indicated that the police believed explosives and illegal weapons were present in Rice's home because (1) Rice was an official of the NCCF, (2) a violent killing of an officer had occurred and it appeared that the NCCF was involved, and (3) police had received information in the past that Rice possessed weapons and explosives, which he had said should be used against the police. See 388 F.Supp. at 189 n. 1. In concluding that there existed probable cause for issuance of the warrant, although the Nebraska Supreme Court found the affidavit alone sufficient, it also referred to information contained in testimony adduced at the suppression hearing but not included in the affidavit. 188 Neb. 728, 738-739, 199 N.W.2d 480, 487-488. See also id. at 754, 199 N.W.2d at 495 (concurring opinion). The District Court limited its probable cause inquiry to the face of the affidavit, see Spinelli v. United States, 393 U.S. at 393 U. S. 413 n. 3; Aguilar v. Texas, 378 U.S. at 378 U. S. 109 n. 1, and concluded probable cause was lacking. Petitioner Wolff contends that police should be permitted to supplement the information contained in an affidavit for a search warrant at the hearing on a motion to suppress, a contention that we have several times rejected, see, e.g., Whiteley v. Warden, 401 U. S. 560, 401 U. S. 565 n. 8 (1971); Aguilar v. Texas, supra at 378 U. S. 109 n. 1, and need not reach again here.
The District Court further held that the evidence of dynamite particles found on Rice's clothing should have been suppressed as the tainted fruit of an arrest warrant that would not have been issued but for the unlawful search of his home. 388 F.Supp. at 202-207. See Wong Sun v. United States, 371 U. S. 471 (1963); Silverthorne Lumber Co. v. United States, 251 U. S. 385 (1920).
In the orders granting certiorari in these cases, we requested that counsel in Stone v. Powell and Wolff v. Rice, respectively, address the questions:
"Whether, in light of the fact that the District Court found that the Henderson, Nev., police officer had probable cause to arrest respondent for violation of an ordinance which at the time of the arrest had not been authoritatively determined to be unconstitutional, respondent's claim that the gun discovered as a result of a search incident to that arrest violated his rights under the Fourth and Fourteenth Amendments to the United States Constitution is one cognizable under 28 U.S.C. § 2254."
"Whether the constitutional validity of the entry and search of respondent's premises by Omaha police officers under the circumstances of this case is a question properly cognizable under 28 U.S.C. § 2254."
It is now well established that the phrase "habeas corpus," used alone, refers to the common law writ of habeas corpus ad subjiciendum, known as the "Great Writ." @ 8 U. S. 95 (1807) (Marshall, C.J.).
Prior to 1889, there was, in practical effect, no appellate review in federal criminal cases. The possibility of Supreme Court review on certificate of division of opinion in the circuit court was remote because of the practice of single district judges' holding circuit court. See P. Bator, P. Mishkin, D. Shapiro, & H. Wechsler, Hart & Wechsler's The Federal Courts and the Federal System 1539-1540 (2d ed.1973); F. Frankfurter & J. Landis, The Business of the Supreme Court 31-32, 79-80, and n. 107 (1927). Pressure naturally developed for expansion of the scope of habeas corpus to reach otherwise unreviewable decisions involving fundamental rights. See Ex parte Siebold, 100 U. S. 371, 100 U. S. 376-377 (1880); Bator, Finality in Criminal Law and Federal Habeas Corpus For State Prisoners, 76 Harv.L.Rev. 441, 473, and n. 75 (1963).
The expansion occurred primarily with regard to (i) convictions based on assertedly unconstitutional statutes, e.g., Ex parte Siebold, supra, or (ii) detentions based upon an allegedly illegal sentence, e.g., 85 U. S. 18 Wall. 163 (1874). See Bator, supra, n 7, at 465-474.
There has been disagreement among scholars as to whether the result in Brown v. Allen was foreshadowed by the Court's decision in Moore v. Dempsey, 261 U. S. 86 (1923). Compare Hart, Foreword: The Time Chart of the Justices, 73 Harv.L.Rev. 84, 105 (1959); Reitz, Federal Habeas Corpus; Impact of an Abortive State Proceeding, 74 Harv.L.Rev. 1315, 1328-1329 (1961), with Bator, supra, n 7, at 488-491. See also Fay v. Noia, 372 U. S. 391, 372 U. S. 421, and n. 30 (1963); id. at 372 U. S. 457-460 (Harlan, J., dissenting).
Despite the expansion of the scope of the writ, there has been no change in the established rule with respect to nonconstitutional claims. The writ of habeas corpus and its federal counterpart, 28 U.S.C. § 2255, "will not be allowed to do service for an appeal." Sunal v. Large, 332 U. S. 174, 332 U. S. 178 (1947). For this reason, nonconstitutional claims that could have been raised on appeal, but were not, may not be asserted in collateral proceedings. Id. at 332 U. S. 178-179; Davis v. United States, 417 U. S. 333, 417 U. S. 345-346, and n. 15 (1974). Even those nonconstitutional claims that could not have been asserted on direct appeal can be raised on collateral review only if the alleged error constituted "a fundamental defect which inherently results in a complete miscarriage of justice,'" id. at 417 U. S. 346, quoting Hill v. United States, 368 U. S. 424, 368 U. S. 428 (1962).
In construing broadly the power of a federal district court to consider constitutional claims presented in a petition for writ of habeas corpus, the Court in Fay also reaffirmed the equitable nature of the writ, noting that "[d]iscretion is implicit in the statutory command that the judge . . . dispose of the matter as law and justice require.' 28 U.S.C. § 2243." 372 U.S. at 372 U. S. 438. More recently, in Francis v. Henderson, 425 U. S. 536 (1976), holding that a state prisoner who failed to make a timely challenge to the composition of the grand jury that indicted him cannot bring such a challenge in a post-conviction federal habeas corpus proceeding absent a claim of actual prejudice, we emphasized:
"This Court has long recognized that, in some circumstances, considerations of comity and concerns for the orderly administration of criminal justice require a federal court to forgo the exercise of its habeas corpus power. See Fay v. Noia, 372 U. S. 391, 372 U. S. 425-426."
Id. at 425 U. S. 539.
Compare, e.g., United States v. Re, 372 F.2d 641 (CA2), cert. denied, 388 U.S. 912 (1967); United States v. Jenkins, 281 F.2d 193 (CA3 1960); Eisner v. United States, 351 F.2d 55 (CA6 1965); De Welles v. United States, 372 F.2d 67 (CA7), cert. denied, 388 U.S. 919 (1987); Williams v. United States, 307 F.2d 366 (CA9 1962); Armstead v. United States, 318 F.2d 725 (CA5 1963), with, e.g., United States v. Sutton, 321 F.2d 221 (CA4 1963); Gaitan v. United States, 317 F.2d 494 (CA10 1963). See also Thornton v. United States, 125 U.S.App.D.C. 114, 368 F.2d 822 (1966) (search and seizure claims not cognizable under § 2255 absent special circumstances).
See, e.g., Friendly, Is Innocence Irrelevant? Collateral Attack on Criminal Judgments, 38 U.Chi.L.Rev. 142 (1970).
In Newsome, the Court focused on the issue whether a state defendant's plea of guilty waives federal habeas corpus review where state law does not foreclose review of the plea on direct appeal, and did not consider the substantive scope of the writ. See 420 U.S. at 420 U. S. 287 n. 4. Similarly, in Cardwell and Cady, the question considered here was not presented in the petition for certiorari, and in neither case was relief granted on the basis of a search and seizure claim. In Cardwell, the plurality expressly noted that it was not addressing the issue of the substantive scope of the writ. See 417 U.S. at 417 U. S. 596, and n. 12.
As Mr. Justice Black commented in dissent, 394 U.S. at 394 U. S. 231, 239, the Kaufman majority made no effort to justify its result in light of the long-recognized deterrent purpose of the exclusionary rule. Instead, the Court relied on a series of prior cases as implicitly establishing the proposition that search and seizure claims are cognizable in federal habeas corpus proceedings. See Mancusi v. DeForte, 392 U. S. 364 (1968); Carafas v. LaVollee, 391 U. S. 234 (1968); Warden v. Hayden, 387 U. S. 294 (1967). But only in Mancusi did this Court order habeas relief on the basis of a search and seizure claim, and in that case, as well as in Warden, the issue of the substantive scope of the writ was not presented to the Court in the petition for writ of certiorari. Moreover, of the other numerous occasions cited by MR. JUSTICE BRENNAN s dissent, post at 428 U. S. 518-519, in which the Court has accepted jurisdiction over collateral attacks by state prisoners raising Fourth Amendment claims, in only one case -- Whiteley v. Warden, 401 U. S. 560 (1971) -- was relief granted on that basis. And in Whiteley, as in Mancusi, the issue of the substantive scope of the writ was not presented in the petition for certiorari. As emphasized by Mr. Justice Black, only in the most exceptional cases will we consider issues not raised in the petition. 394 U.S. at 394 U. S. 239, and n. 7.
The issue in Kaufman was the scope of § 2255. Our decision today rejects the dictum in Kaufman concerning the applicability of the exclusionary rule in federal habeas corpus review of state court decisions pursuant to § 2254. To the extent the application of the exclusionary rule in Kaufman did not rely upon the supervisory role of this Court over the lower federal courts, cf. Elkins v. United States, 364 U. S. 206 (1960), see infra at 428 U. S. 484, the rationale for its application in that context is also rejected.
We find it unnecessary to consider the other issues concerning the exclusionary rule, or the statutory scope of the habeas corpus statute, raised by the parties. These include, principally, whether, in view of the purpose of the rule, it should be applied on a per se basis without regard to the nature of the constitutional claim or the circumstances of the police action.
See generally J. Landynski, Search and Seizure and the Supreme Court (1966); N. Lasson, The History and Development of the Fourth Amendment to the United States Constitution (1937).
The roots of the Weeks decision lay in an early decision, Boyd v. United States, 116 U. S. 616 (1886), where the Court held that the compulsory production of a person's private books and papers for introduction against him at trial violated the Fourth and Fifth Amendments. Boyd, however, had been severely limited in Adams v. New York, where the Court, emphasizing that the "law held unconstitutional [in Boyd] virtually compelled the defendant to furnish testimony against himself," 192 U.S. at 192 U. S. 598, adhered to the common law rule that a trial court must not inquire, on Fourth Amendment grounds, into the method by which otherwise competent evidence was acquired. See, e.g., Commonwealth v. Dana, 43 Mass. 329 (1841).
See Terry v. Ohio, 392 U. S. 1, 392 U. S. 12-13 (1968); Weeks v. United States, 232 U. S. 383, 232 U. S. 391-392, 232 U. S. 394 (1914); Olmstead v. United States, 277 U. S. 438, 277 U. S. 470 (1928) (Holmes, J., dissenting); id. at 277 U. S. 484 (Brandeis, J., dissenting).
See 367 U.S. at 367 U. S. 656 (prevention of introduction of evidence where introduction is "tantamount" to a coerced confession); id. at 367 U. S. 658 (deterrence of Fourth Amendment violations); id. at 367 U. S. 659 (preservation of judicial integrity).
Only four Justices adopted the view that the Fourth Amendment itself requires the exclusion of unconstitutionally seized evidence in state criminal trials. See id. at 367 U. S. 656; id. at 367 U. S. 666 (Douglas, J., concurring). Mr. Justice Black adhered to his view that the Fourth Amendment, standing alone, was not sufficient, see Wolf v. Colorado, 338 U. S. 25, 338 U. S. 39 (1949) (concurring opinion), but concluded that, when the Fourth Amendment is considered in conjunction with the Fifth Amendment ban against compelled self-incrimination, a constitutional basis emerges for requiring exclusion. 367 U.S. at 367 U. S. 661 (concurring opinion). See n19, supra.
Harv.L.Rev. 1, 5-6, and n. 33 (1975).
As we recognized last Term, judicial integrity is
"not offended if law enforcement officials reasonably believed in good faith that their conduct was in accordance with the law even if decisions subsequent to the search and seizure have held that conduct of the type engaged in by the law enforcement officials is not permitted by the Constitution."
United States v. Peltier, 422 U. S. 531, 422 U. S. 538 (1975) (emphasis omitted).
As Professor Amsterdam has observed:
"The rule is unsupportable as reparation or compensatory dispensation to the injured criminal; its sole rational justification is the experience of its indispensability in 'exert[ing] general legal pressures to secure obedience to the Fourth Amendment on the part of . . . law-enforcing officers.' As it serves this function, the rule is a needed, but grud[g]ingly taken, medicament; no more should be swallowed than is needed to combat the disease. Granted that so many criminals must go free as will deter the constables from blundering, pursuance of this policy of liberation beyond the confines of necessity inflicts gratuitous harm on the public interest. . . ."
Search, Seizure, and Section 2255: A Comment, 112 U.Pa.L.Rev. 378, 388-389 (1964) (footnotes omitted).
See generally M. Frankel, The Search For Truth -- An Umpireal View, 31st Annual Benjamin N. Cardozo Lecture, Association of the Bar of the City of New York, Dec. 16, 1974.
Cases addressing the question whether search and seizure holdings should be applied retroactively also have focused on the deterrent purpose served by the exclusionary rule, consistently with the balancing analysis applied generally in the exclusionary rule context. See Desist v. United States, 394 U. S. 244, 394 U. S. 249-251, 253-254, and n. 21 (1969); Linkletter v. Walker, 381 U. S. 618, 381 U. S. 636-637 (1965) Cf. Fuller v. Alaska, 393 U. S. 80, 393 U. S. 81 (1968). The "attenuation of the taint" doctrine also is consistent with the balancing approach. See Brown v. Illinois, 422 U. S. 590 (1975); Wong Sun v. United States, 371 U.S. at 371 U. S. 491-492; Amsterdam, supra, n 24, at 389-390.
See, e.g., Irvine v. California, 347 U. S. 128, 347 U. S. 136 (1954); Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388, 403 U. S. 411 (1971) (BURGER, C.J., dissenting); People v. Defore, 242 N.Y. 13, 150 N.E. 585 (1926) (Cardozo, J.); 8 J. Wigmore, Evidence § 2184a, pp. 51-52 (McNaughton ed.1961); Amsterdam, supra, n 24, at 388-391; Friendly, supra, n 13, at 161; Oaks, Studying the Exclusionary Rule in Search and Seizure, 37 U.Chi.L.Rev. 665, 736-754 (1970), and sources cited therein; Paulsen, The Exclusionary Rule and Misconduct by the Police, 52 J.Crim.L.C. & P.S. 255, 256 (1961); Wright. Must the Criminal Go Free If the Constable Blunders?, 50 Tex.L.Rev. 736 (1972).
See address by Justice Schaefer of the Supreme Court of Illinois, Is the Adversary System Working in Optimal Fashion?, delivered at the National Conference on the Causes of Popular Dissatisfaction With the Administration of Justice, pp. 8-9, Apr. 8, 1976; cf. Frankel, supra, n 25.
Many of the proposals for modification of the scope of the exclusionary rule recognize at least implicitly the role of proportionality in the criminal justice system and the potential value of establishing a direct relationship between the nature of the violation and the decision whether to invoke the rule. See ALI, A Model Code of Pre-arraignment Procedure, § 290.2, pp. 181-183 (1975) ("substantial violations"); H. Friendly, Benchmarks 260-262 (1967) (even at trial, exclusion should be limited to "the fruit of activity intentionally or flagrantly illegal"); 8 Wigmore, supra, n 27, at 52-53. See n 17, supra.
In a different context, Dallin H. Oaks has observed:
"I am criticizing not our concern with procedures, but our preoccupation, in which we may lose sight of the fact that our procedures are not the ultimate goals of our legal system. Our goals are truth and justice, and procedures are but means to these ends. . . ."
"Truth and justice are ultimate values, so understood by our people, and the law and the legal profession will not be worthy of public respect and loyalty if we allow our attention to be diverted from these goals."
Ethics, Morality and Professional Responsibility, 1975 B.Y.U.L.Rev. 591, 596.
Resort to habeas corpus, especially for purposes other than to assure that no innocent person suffers an unconstitutional loss of liberty, results in serious intrusions on values important to our system of government. They include
"(i) the most effective utilization of limited judicial resources, (ii) the necessity of finality in criminal trials, (iii) the minimization of friction between our federal and state systems of justice, and (iv) the maintenance of the constitutional balance upon which the doctrine of federalism is founded."
Schneckloth v. Bustamonte, 412 U.S. at 412 U. S. 259 (POWELL, J., concurring). See also Kaufman v. United States, 394 U.S. at 394 U. S. 231 (Black, J., dissenting); Friendly, supra, n 13.
We nevertheless afford broad habeas corpus relief, recognizing the need in a free society for an additional safeguard against compelling an innocent man to suffer an unconstitutional loss of liberty. The Court in Fay v. Noia described habeas corpus as a remedy for "whatever society deems to be intolerable restraints," and recognized that those to whom the writ should be granted "are persons whom society has grievously wronged." 372 U.S. at 372 U. S. 401, 372 U. S. 441. But in the case of a typical Fourth Amendment claim, asserted on collateral attack, a convicted defendant is usually asking society to redetermine an issue that has no bearing on the basic justice of his incarceration.
The efficacy of the exclusionary rule has long been the subject of sharp debate. Until recently, scholarly empirical research was unavailable. Elkins v. United States, 364 U.S. at 364 U. S. 218. And the evidence derived from recent empirical research is still inconclusive. Compare, e.g., Oaks, supra, n 27; Spiotto, Search and Seizure: An Empirical Study of the Exclusionary Rule and Its Alternatives, 2 J. Legal Studies 243 (1973), with, e.g., Canon, Is the Exclusionary Rule in Failing Health?, Some New Data and a Plea Against a Precipitous Conclusion, 62 Ky.L.J. 681 (1974). See United States v. Janis, ante at 428 U. S. 450-452, n. 22; Amsterdam, Perspectives on the Fourth Amendment, 58 Minn.L.Rev. 349, 475 n. 593 (1974); Comment, On the Limitations of Empirical Evaluations of the Exclusionary Rule: A Critique of the Spiotto Research and United States v. Calandra, 69 Nw.U.L.Rev. 740 (1974).
See Oaks, supra, n 27, at 756.
"As the exclusionary rule is applied time after time, it seems that its deterrent efficacy at some stage reaches a point of diminishing returns, and beyond that point, its continued application is a public nuisance."
Amsterdam, supra, n 2, at 389.
The policy arguments that respondents marshal in support of the view that federal habeas corpus review is necessary to effectuate the Fourth Amendment stem from a basic mistrust of the state courts as fair and competent forums for the adjudication of federal constitutional rights. The argument is that state courts cannot be trusted to effectuate Fourth Amendment values through fair application of the rule, and the oversight jurisdiction of this Court on certiorari is an inadequate safeguard. The principal rationale for this view emphasizes the broad differences in the respective institutional settings within which federal judges and state judges operate. Despite differences in institutional environment and the unsympathetic attitude to federal constitutional claims of some state judges in years past, we are unwilling to assume that there now exists a general lack of appropriate sensitivity to constitutional rights in the trial and appellate courts of the several States. State courts, like federal courts, have a constitutional obligation to safeguard personal liberties and to uphold federal law. @ 14 U. S. 341-344 (1816). Moreover, the argument that federal judges are more expert in applying federal constitutional law is especially unpersuasive in the context of search and seizure claims, since they are dealt with on a daily basis by trial level judges in both systems. In sum, there is
"no intrinsic reason why the fact that a man is a federal judge should make him more competent, or conscientious, or learned with respect to the [consideration of Fourth Amendment claims] than his neighbor in the state courthouse."
Bator, supra, n 7, at 509.
Cf. Townsend v. Sain, 372 U. S. 293 (1963).
MR. JUSTICE BRENNAN's dissent characterizes the Court's opinion as laying the groundwork for a "drastic withdrawal of federal habeas jurisdiction, if not for all grounds . . then at lest [for many]. . . ." Post at 428 U. S. 517. It refers variously to our opinion as a "novel reinterpretation of the habeas statutes," post at 428 U. S. 515; as a "harbinger of future eviscerations of the habeas statutes," post at 428 U. S. 516; as "rewrit[ing] Congress' jurisdictional statutes . . . and [barring] access to federal courts by state prisoners with constitutional claims distasteful to a majority" of the Court, post at 428 U. S. 522; and as a "denigration of constitutional guarantees [that] must appall citizens taught to expect judicial respect" of constitutional rights, post at 428 U. S. 523.
With all respect, the hyperbole of the dissenting opinion is misdirected. Our decision today is not concerned with the scope of the habeas corpus statute as authority for litigating constitutional claims generally. We do reaffirm that the exclusionary rule is a judicially created remedy, rather than a personal constitutional right, see supra at 428 U. S. 486, and we emphasize the minimal utility of the rule when sought to be applied to Fourth Amendment claims in a habeas corpus proceeding. As Mr. Justice Black recognized in this context,
"ordinarily, the evidence seized can in no way have been rendered untrustworthy . . . , and indeed often . . . alone establishes beyond virtually any shadow of a doubt that the defendant is guilty."
Kaufman v. United States, 394 U.S. at 394 U. S. 237 (dissenting opinion). In sum, we hold only that a federal court need not apply the exclusionary rule on habeas review of a Fourth Amendment claim absent a showing that the state prisoner was denied an opportunity for a full and fair litigation of that claim at trial and on direct review. Our decision does not mean that the federal court lacks jurisdiction over such a claim, but only that the application of the rule is limited to cases in which there has been both such a showing and a Fourth Amendment violation.
See n 31, supra. Respondents contend that, since they filed petitions for federal habeas corpus rather than seeking direct review by this Court through an application for a writ of certiorari, and since the time to apply for certiorari has now passed, any diminution in their ability to obtain habeas corpus relief on the ground evidence obtained in an unconstitutional search or seizure was introduced at their trials should be prospective. Cf. England v. Louisiana State Board of Medical Examiners, 375 U. S. 411, 375 U. S. 422-423 (1964). We reject these contentions. Although not required to do so under the Court's prior decisions, see Fay v. Noia, 372 U. S. 391 (1963), respondents were, of course, free to file a timely petition for certiorari prior to seeking federal habeas corpus relief.
MR. CHIEF JUSTICE BURGER, concurring.
I concur in the Court's opinion. By way of dictum, and somewhat hesitantly, the Court notes that the holding in this case leaves undisturbed the exclusionary rule as applied to criminal trials. For reasons stated in my dissent in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388, 403 U. S. 411 (1971), it seems clear to me that the exclusionary rule has been operative long enough to demonstrate its flaws. The time has come to modify its reach, even if it is retained for a small and limited category of cases.
Over the years, the strains imposed by reality, in terms of the costs to society and the bizarre miscarriages of justice that have been experienced because of the exclusion of reliable evidence when the "constable blunders," have led the Court to vacillate as to the rationale for deliberate exclusion of truth from the factfinding process. The rhetoric has varied with the rationale to the point where the rule has become a doctrinaire result in search of validating reasons.
In evaluating the exclusionary rule, it is important to bear in mind exactly what the rule accomplishes. Its function is simple -- the exclusion of truth from the factfinding process. Cf. M. Frankel, The Search for Truth -- An Umpireal View, 31st Annual Benjamin N. Cardozo Lecture, Association of the Bar of the City of New York, Dec. 16, 1974. The operation of the rule is therefore unlike that of the Fifth Amendment's protection against compelled self-incrimination. A confession produced after intimidating or coercive interrogation is inherently dubious. If a suspect's will has been overborne, a cloud
hangs over his custodial admissions; the exclusion of such statements is based essentially on their lack of reliability. This is not the case as to reliable evidence -- a pistol, a packet of heroin, counterfeit money, or the body of a murder victim -- which may be judicially declared to be the result of an "unreasonable" search. The reliability of such evidence is beyond question; its probative value is certain.
This remarkable situation -- one unknown to the common law tradition -- had its genesis in a case calling for the protection of private papers against governmental intrusions. Boyd v. United States, 116 U.-S. 616 (1886). See also Weeks v. United States, 232 U. S. 383 (1914). In Boyd, the Court held that private papers were inadmissible because of the Government's violation of the Fourth and Fifth Amendments. In Weeks, the Court excluded private letters seized from the accused's home by a federal official acting without a warrant. In both cases, the Court had a clear vision of what it was seeking to protect. What the Court said in Boyd shows how far we have strayed from the original path:
"The search for and seizure of stolen or forfeited goods, or goods liable to duties and concealed to avoid the payment thereof, are totally different things from a search for and seizure of a man's private books and papers for the purpose of obtaining information therein contained, or of using them as evidence against him. The two things differ toto coelo."
116 U.S. at 116 U. S. 623. (Emphasis added.) In Weeks, the Court emphasized that the Government, under settled principles of common law, had no right to keep a person's private papers. The Court noted that the case did not involve "burglar's tools or other proofs of guilt. . . ." 232 U.S. at 232 U. S. 392. (Emphasis added.)
From this origin, the exclusionary rule has been
changed in focus entirely. It is now used almost exclusively to exclude from evidence articles which are unlawful to be possessed or tools and instruments of crime. Unless it can be rationally thought that the Framers considered it essential to protect the liberties of the people to hold that which it is unlawful to possess, then it becomes clear that our constitutional course has taken a most bizarre tack.
The drastically changed nature of judicial concern -- from the protection of personal papers or effects in one's private quarters, to the exclusion of that which the accused had no right to possess -- is only one of the more recent anomalies of the rule. The original incongruity was the rule's inconsistency with the general proposition that "our legal system does not attempt to do justice incidentally and to enforce penalties by indirect means." 8 J. Wigmore, Evidence § 2181, p. 6 (McNaughton ed.1961). The rule is based on the hope that events in the courtroom or appellate chambers, long after the crucial acts took place, will somehow modify the way in which policemen conduct themselves. A more clumsy, less direct means of imposing sanctions is difficult to imagine, particularly since the issue whether the policeman did indeed run afoul of the Fourth Amendment is often not resolved until years after the event. The "sanction" is particularly indirect when, as in No. 74-1222, the police go before a magistrate, who issues a warrant. Once the warrant issues, there is literally nothing more the policeman can do in seeking to comply with the law. Imposing an admittedly indirect "sanction" on the police officer in that instance is nothing less than sophisticated nonsense.
Despite this anomaly, the exclusionary rule now rests upon its purported tendency to deter police misconduct, United States v. Janis, ante p. 428 U. S. 433; 414 U. S. 347 (1974), although, as we know, the rule has long been applied to wholly good faith mistakes and to purely technical deficiencies in warrants. Other rhetorical generalizations, including the "imperative of judicial integrity," have not withstood analysis as more and more critical appraisals of the rule's operation have appeared. See, e.g., Oaks, Studying the Exclusionary Rule in Search and Seizure, 37 U.Chi.L.Rev. 665 (1970). Indeed, settled rules demonstrate that the "judicial integrity" rationalization is fatally flawed. First, the Court has refused to entertain claims that evidence was unlawfully seized unless the claimant could demonstrate that he had standing to press the contention. Alderman v. United States,@ 394 U. S. 165 (1969). If he could not, the evidence, albeit secured in violation of the Fourth Amendment, is admissible. Second, as one scholar has correctly observed:
"[I]t is difficult to accept the proposition that the exclusion of improperly obtained evidence is necessary for 'judicial integrity' when no such rule is observed in other common law jurisdictions such as England and Canada, whose courts are otherwise regarded as models of judicial decorum and fairness."
Oaks, supra, at 669. Despite its avowed deterrent objective, proof is lacking that the exclusionary rule, a purely judge-created device based on "hard cases," serves the purpose of deterrence. Notwithstanding Herculean efforts, no empirical study has been able to demonstrate that the rule does in fact have any deterrent effect. In the face of dwindling support for the rule, some would go so far as to extend it to civil cases. United States v. Janis, ante p. 428 U. S. 433.
To vindicate the continued existence of this judge-made rule, it is incumbent upon those who seek its retention -- and surely its extension -- to demonstrate that
it serves its declared deterrent purpose and to show that the results outweigh the rule's heavy costs to rational enforcement of the criminal law. See, e.g., Killough v. United States, 114 U.S.App.D.C. 305, 315 F.2d 241 (1962). The burden rightly rests upon those who ask society to ignore trustworthy evidence of guilt at the expense of setting obviously guilty criminals free to ply their trade. In my view, it is an abdication of judicial responsibility to exact such exorbitant costs from society purely on the basis of speculative and unsubstantiated assumptions. Judge Henry Friendly has observed:
"[T]he same authority that empowered the Court to supplement the [fourth] amendment by the exclusionary rule a hundred and twenty-five years after its adoption likewise allows it to modify that rule as the 'lessons of experience' may teach."
The Bill of Rights as a Code of Criminal Procedure, 53 Calif.L.Rev. 929, 952-953 (1965). In Bivens, I suggested that, despite its grave shortcomings, the rule need not be totally abandoned until some meaningful alternative could be developed to protect innocent persons aggrieved by police misconduct. With the passage of time, it now appears that the continued existence of the rule, as presently implemented, inhibits the development of rational alternatives. The reason is quite simple: incentives for developing new procedures or remedies will remain minimal or nonexistent so long as the exclusionary rule is retained in its present form. It can no longer be assumed that other branches of government will act while judges cling to this Draconian, discredited device in its present absolutist form. Legislatures are unlikely to create statutory alternatives, or impose
direct sanctions on errant police officers or on the public treasury by way of tort actions, so long as persons who commit serious crimes continue to reap the enormous and undeserved benefits of the exclusionary rule. And of course, by definition, the direct beneficiaries of this rule can be none but persons guilty of crimes. With this extraordinary "remedy" for Fourth Amendment violations, however slight, inadvertent, or technical, legislatures might assume that nothing more should be done, even though a grave defect of the exclusionary rule is that it offers no relief whatever to victims of overzealous police work who never appear in court. Schaefer, The Fourteenth Amendment and Sanctity of the Person, 4 Nw U.L.Rev. 1, 14 (1969). And even if legislatures were inclined to experiment with alternative remedies, they have no assurance that the judicially created rule will be abolished or even modified in response to such legislative innovations. The unhappy result, as I see it, is that alternatives will inevitably be stymied by rigid adherence on our part to the exclusionary rule. I venture to predict that overruling this judicially contrived doctrine -- or limiting its scope to egregious, bad-faith conduct -- would inspire a surge of activity toward providing some kind of statutory remedy for persons injured by police mistakes or misconduct.
The Court's opinion today eloquently reflects something of the dismal social costs occasioned by the rule. Ante at 428 U. S. 489-491. As MR. JUSTICE WHITE correctly observes today in his dissent, the exclusionary rule constitutes a "senseless obstacle to arriving at the truth in many criminal trials." Post at 428 U. S. 538. He also suggests that the rule 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."
Ibid.
From its genesis in the desire to protect private papers, the exclusionary rule has now been carried to the point of potentially excluding from evidence the traditional corpus delicti in a murder or kidnaping case. See People v. Mitchell, 39 N.Y.2d 173, 347 N.E.2d 607, cert. denied, 426 U.S. 953 (1976). Cf. Killough v. United States, supra. Expansion of the reach of the exclusionary rule has brought Cardozo's grim prophecy in People v. Defore, 242 N.Y. 13, 24, 150 N.E. 585, 588 (1926), nearer to fulfillment:
"A room is searched against the law, and the body of a murdered man is found. If the place of discovery may not be proved, the other circumstances may be insufficient to connect the defendant with the crime. The privacy of the home has been infringed, and the murderer goes free. . . . We may not subject society to these dangers until the Legislature has spoken with a clearer voice."
MR. JUSTICE BRENNAN, with whom MR. JUSTICE MARSHALL concurs, dissenting.
The Court today holds
"that where the 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 ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial."
Ante at 428 U. S. 494. To be sure, my Brethren are hostile to the continued vitality of the exclusionary rule as part and parcel of the Fourth Amendment's prohibition of unreasonable searches and seizures, as today's decision in United States v. Janis, ante p. 428 U. S. 433, confirms. But these cases, despite the veil of Fourth Amendment terminology employed by the
Court, plainly do not involve any question of the right of a defendant to have evidence excluded from use against him in his criminal trial when that evidence was seized in contravention of rights ostensibly secured [Footnote 2/1] by the Fourth and Fourteenth Amendments. Rather, they involve the question of the availability of a federal form for vindicating those federally guaranteed rights. Today's holding portends substantial evisceration of federal habeas corpus jurisdiction, and I dissent.
The Court's opinion does not specify the particular basis on which it denies federal habeas jurisdiction over claims of Fourth Amendment violations brought by state prisoners. The Court insists that its holding is based on the Constitution, see, e.g., ante at 428 U. S. 482, but in light of the explicit language of 28 U.S.C. § 2254 [Footnote 2/2] (significantly
not even mentioned by the Court), I can only presume that the Court intends to be understood to hold either that respondents are not, as a matter of statutory
construction; "in custody in violation of the Constitution or laws . . . of the United States," or that "considerations of comity and concerns for the orderly administration of criminal justice,'" ante at 428 U. S. 478 n. 11, [Footnote 2/3] are sufficient
to allow this Court to rewrite jurisdictional statutes enacted by Congress. Neither ground of decision is tenable; the former is simply illogical, and the latter is an arrogation of power committed solely to the Congress.
I
Much of the Court's analysis implies that respondents are not entitled to habeas relief because they are not being unconstitutionally detained. Although purportedly adhering to the principle that the Fourth and Fourteenth Amendments "require exclusion" of evidence seized in violation of their commands, ante at 428 U. S. 481, the Court informs us that there has merely been a "view" in our cases that
"the effectuation of the Fourth Amendment . . . requires the granting of habeas corpus relief when a prisoner has been convicted in state court on the basis of evidence obtained in an illegal search or seizure. . . ."
Ante at 428 U. S. 480-481. [Footnote 2/4] Applying a "balancing
test," see, e.g., ante at 428 U. S. 487-489, 428 U. S. 489-490, 428 U. S. 493-494, the Court then concludes that this "view" is unjustified, and that the policies of the Fourth Amendment would not be implemented if claims to the benefits of the exclusionary rule were cognizable in collateral attacks on state court convictions. [Footnote 2/5]
Understandably, the Court must purport to cast its holding in constitutional terms, because that avoids a direct confrontation with the incontrovertible facts that the habeas statutes have heretofore always been construed to grant jurisdiction to entertain Fourth Amendment claims of both state and federal prisoners, that Fourth Amendment principles have been applied in decisions on the merits in numerous cases on collateral review of final convictions, and that Congress has legislatively accepted our interpretation of congressional intent as to
the necessary scope and function of habeas relief. Indeed, the Court reaches its result without explicitly overruling any of our plethora of precedents inconsistent with that result or even discussing principles of stare decisis. Rather, the Court asserts, in essence, that the Justices joining those prior decisions or reaching the merits of Fourth Amendment claims simply overlooked the obvious constitutional dimension to the problem in adhering to the "view" that granting collateral relief when state courts erroneously decide Fourth Amendment issues would effectuate the principles underlying that Amendment. [Footnote 2/6] But, shorn of the rhetoric of "interest balancing"
used to obscure what is at stake in this case, it is evident that today's attempt to rest the decision on the Constitution must fail so long as Mapp v. Ohio, 367 U. S. 643 (1961), remains undisturbed.
Under Mapp, as a matter of federal constitutional law, a state court must exclude evidence from the trial of an individual whose Fourth and Fourteenth Amendment rights were violated by a search or seizure that directly or indirectly resulted in the acquisition of that evidence. As United States v. Calandra, 414 U. S. 338, 414 U. S. 347 (1974), reaffirmed,
"evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure. [Footnote 2/7]"
When a state court admits such evidence, it has committed a constitutional error, and, unless that error is harmless under federal standards, see, e.g., Chapman v. California, 386 U. S. 18 (1967), it follows ineluctably that the defendant has been placed "in custody in violation of the Constitution" within the comprehension of 28 U.S.C. § 2254. In short, it escapes me as to what logic can support the assertion that the defendant's unconstitutional confinement obtains during the process of direct review, no matter how long that process takes, [Footnote 2/8]
but that the unconstitutionality then suddenly dissipates at the moment the claim is asserted in a collateral attack on the conviction.
The only conceivable rationale upon which the Court's "constitutional" thesis might rest is the statement that
"the [exclusionary] rule is not a personal constitutional right. . . . Instead, 'the rule is a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect.'"
Ante at 428 U. S. 486, quoting United States v. Calandra, supra at 414 U. S. 348. Although my dissent in Calandra rejected, in light of contrary decisions establishing the role of the exclusionary rule, the premise that an individual has no constitutional right to have unconstitutionally seized evidence excluded from all use by the government, I need not dispute that point here. [Footnote 2/9] For today's holding is not logically defensible even under Calandra. However the Court reinterprets Mapp, and whatever the rationale now attributed to Mapp's holding or the purpose ascribed to the exclusionary rule, the prevailing constitutional rule is that unconstitutionally seized evidence cannot be admitted in the criminal trial of a person whose federal constitutional rights were violated by the search or seizure. The erroneous admission of such evidence is a violation of the Federal Constitution -- Mapp inexorably means at least this much, or there would be no basis for applying the exclusionary rule in state criminal proceedings -- and an
accused against whom such evidence is admitted has been convicted in derogation of rights mandated by, and is "in custody in violation of," the Constitution of the United States. Indeed, since state courts violate the strictures of the Federal Constitution by admitting such evidence, then, even if federal habeas review did not directly effectuate Fourth Amendment values, a proposition I deny, that review would nevertheless serve to effectuate what is concededly a constitutional principle concerning admissibility of evidence at trial.
The Court, assuming without deciding that respondents were convicted on the basis of unconstitutionally obtained evidence erroneously admitted against them by the state trial courts, acknowledges that respondents had the right to obtain a reversal of their convictions on appeal in the state courts or on certiorari to this Court. Indeed, since our rules relating to the time limits for applying for certiorari in criminal cases are nonjurisdictional, certiorari could be granted respondents even today and their convictions could be reversed despite today's decisions. See also infra at 428 U. S. 533-534. And the basis for reversing those convictions would of course have to be that the States, in rejecting respondents' Fourth Amendment claims, had deprived them of a right in derogation of the Federal Constitution. It is simply inconceivable that that constitutional deprivation suddenly vanishes after the appellate process has been exhausted. And as between this Court on certiorari and federal district courts on habeas, it is for Congress to decide what the most efficacious method is for enforcing federal constitutional rights and asserting the primacy of federal law. See infra at 428 U. S. 522, 428 U. S. 525-530. The Court, however, simply ignores the settled principle that, for purposes of adjudicating constitutional claims, Congress, which has the power to do so under Art. III of the Constitution, has effectively
cast the district courts sitting in habeas in the role of surrogate Supreme Courts. [Footnote 2/10]
Today's opinion itself starkly exposes the illogic of the Court's seeming premise that the rights recognized
in Mapp somehow suddenly evaporate after all direct appeals are exhausted. For the Court would not bar assertion of Fourth Amendment claims on habeas if the
defendant was not accorded "an opportunity for full and fair litigation of his claim in the state courts." Ante at 428 U. S. 469. See also ante at 428 U. S. 480, quoting Schneckloth v. Bustamonte, 412 U. S. 218, 412 U. S. 250 (1973) (POWELL, J., concurring); ante at 428 U. S. 482, 428 U. S. 486, 428 U. S. 489-490, 428 U. S. 493-494, and n. 37. But this "exception" is impossible if the Court really means that the "rule" that Fourth Amendment claims are not cognizable on habeas is constitutionally based. For if the Constitution mandates that "rule" because it is a
"dubious assumption that law enforcement authorities would fear that federal habeas review might reveal flaws in a search or seizure that went undetected at trial and on appeal,"
ante at 428 U. S. 493, is it not an equally "dubious assumption" that those same police officials would fear that federal habeas review might reveal that the state courts had denied the defendant an opportunity to have a full and fair hearing on his claim that went undetected at trial and on appeal? [Footnote 2/11] And to the extent the Court is making the unjustifiable assumption that our certiorari jurisdiction is adequate to correct "routine" condonation of Fourth Amendment violations by state courts, surely it follows a fortiori that our jurisdiction is adequate to redress the "egregious" situation in which the state courts did not even accord a fair hearing on the Fourth Amendment claim. The "exception" thus may appear to make the holding more palatable, but it merely highlights the lack of a "constitutional" rationale for today's constriction of habeas jurisdiction.
The Court adheres to the holding of Mapp that the Constitution "require[d] exclusion" of the evidence admitted at respondents' trials. Ante at 428 U. S. 481. However,
the Court holds that the Constitution "does not require" that respondents be accorded habeas relief if they were accorded "an opportunity for full and fair litigation of [their] Fourth Amendment claim[s]" in state courts. Ante at 428 U. S. 482; see also ante at 428 U. S. 495 n. 37. Yet once the Constitution was interpreted by Mapp to require exclusion of certain evidence at trial, the Constitution became irrelevant to the manner in which that constitutional right was to be enforced in the federal courts; that inquiry is only a matter of respecting Congress' allocation of federal judicial power between this Court's appellate jurisdiction and a federal district court's habeas jurisdiction. Indeed, by conceding that today's "decision does not mean that the federal [district] court lacks jurisdiction over [respondents'] claim[s]," ibid., the Court admits that respondents have sufficiently alleged that they are "in custody in violation of the Constitution" within the meaning of § 2254, and that there is no "constitutional" rationale for today's holding. Rather, the constitutional "interest balancing" approach to this case is untenable, and I can only view the constitutional garb in which the Court dresses its result as a disguise for rejection of the longstanding principle that there are no "second class" constitutional rights for purposes of federal habeas jurisdiction; it is nothing less than an attempt to provide a veneer of respectability for an obvious usurpation of Congress' Art. III power to delineate the jurisdiction of the federal courts.
II
Therefore, the real ground of today's decision -- a ground that is particularly troubling in light of its portent for habeas jurisdiction generally -- is the Court's novel reinterpretation of the habeas statutes; this would read the statutes as requiring the district courts routinely
to deny habeas relief to prisoners "in custody in violation of the Constitution or laws . . . of the United States" as a matter of judicial "discretion" -- a "discretion" judicially manufactured today contrary to the express statutory language -- because such claims are "different in kind" from other constitutional violations in that they "do not impugn the integrity of the factfinding process,'" ante at 428 U. S. 479, and because application of such constitutional strictures "often frees the guilty." Ante at 428 U. S. 490. Much in the Court's opinion suggests that a construction of the habeas statutes to deny relief for non-"guilt-related" constitutional violations, based on this Court's vague notions of comity and federalism, see, e.g., ante at 428 U. S. 478 n. 11, is the actual premise for today's decision, and, although the Court attempts to bury its underlying premises in footnotes, those premises mark this case as a harbinger of future eviscerations of the habeas statutes that plainly does violence to congressional power to frame the statutory contours of habeas jurisdiction. [Footnote 2/12] For we are told that
"[r]esort to habeas corpus, especially for purposes other than to assure that no innocent person suffers an unconstitutional loss of liberty, results in serious intrusions on values important to our system of government,"
including waste of judicial resources, lack of finality of criminal convictions, friction between the federal and state judiciaries, and incursions on "federalism." Ante at 428 U. S. 491 n. 31. We are told that federal determination of Fourth Amendment claims merely involves "an issue that has no bearing on the basic justice of [the defendant's]
incarceration," ante at 428 U. S. 492 n. 31, and that "the ultimate question [in the criminal process should invariably be] guilt or innocence." Ante at 428 U. S. 490; see also ante at 428 U. S. 491 n. 30; ante at 428 U. S. 490, quoting Kaufman v. United States, 394 U. S. 217, 394 U. S. 237 (1969) (Black, J., dissenting). We are told that the "policy arguments" of respondents to the effect that federal courts must be the ultimate arbiters of federal constitutional rights, and that our certiorari jurisdiction is inadequate to perform this task, "stem from a basic mistrust of the state courts as fair and competent forums for the adjudication of federal constitutional rights"; the Court, however, finds itself
"unwilling to assume that there now exists a general lack of appropriate sensitivity to constitutional rights in the trial and appellate courts of the several States,"
and asserts that it is "unpersuaded" by "the argument that federal judges are more expert in applying federal constitutional law" because
"there is 'no intrinsic reason why the fact that a man is a federal judge should make him more competent, or conscientious, or learned with respect to the [consideration of Fourth Amendment claims] than his neighbor in the state courthouse.'"
Ante at 428 U. S. 493-494, n. 35. Finally, we are provided a revisionist history o