Ker v. California 374 U.S. 23 (1963)

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KER v. CALIFORNIA 374 U.S. 23 (1963)

inKer the Supreme Court clarified the constitutional standards governing the states in search and seizure cases. mapp v. ohio (1961), in applying the federal exclusionary rule against the states, had left undetermined whether they would retain some latitude to fashion their own search rules. The Court answered this question in Ker, holding that the protection against state searches granted by the fourteenth amendment is coextensive with that of the fourth amendment against federal searches. Only Justice john marshall harlan disagreed. The Court's single-standard position, he feared, might lead to dilution of federal search safeguards because the Court would be reluctant to fetter the states with standards beyond their reach.

Jacob W. Landynski