Abe Fortas

“ As some of my colleagues have often said, we do not sit as a court of criminal appeals to review judgments of state courts. The question in the instant case comes here as a result of federal habeas corpus proceedings. We should consider it if, and only if, we should and can dispose of it on its record in terms of constitutional principle. ”

“ He would remand the case for a purpose which seems to me to be unreal: that is, to hold an inquiry, almost 10 years after the event, as to 'whether Officer Rufo could have believed that the bag had been abandoned and whether the bag was searched before or after guns were observed.' This inquiry-at this late date-is as elusive as an attempt to capture last night's moonbeam. ”