Abstract
More than fifty years before ratification of the Fourth and Fifth Amendments to the Constitution, Lord Camden observed: [I]t is very certain, that the law obligeth no man to accuse himself; because the necessary means of compelling self-accusation, falling upon the innocent as well as the guilty, would be both cruel and unjust; and it should seem, that search for evidence is disallowed upon the same principle. There, too, the innocent would be confounded with the guilty. Over one hundred years later, in Mapp v. Ohio, the Supreme Court affirmed this relationship between Fourth and Fifth Amendment liberties, holding that the doctrines of those amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life."
Recommended Citation
John K. Byrum Jr.,
Withrow v. Williams and Collateral Review of Miranda Violations: The Supreme Court Rejects the Rule of Stone v. Powell Under a Revised View of Applicable Prudential Concerns,
28
U. Rich. L. Rev.
205
(1994).
Available at:
https://scholarship.richmond.edu/lawreview/vol28/iss1/7