Hugo Black

“ I do not believe the cherished federal constitutional right of a defendant to object to unconstitutionally seized evidence offered against him can be cut off irrevocably by state-court discretionary rulings which might be different in particular undefined circumstances in other cases. I think such a procedural device for shutting off our review of questions involving constitutional rights is too dangerous to be tolerated. ”

“ As far as the issue of waiver is concerned, I agree with the Mississippi Supreme Court, which considered the failure to object one of the 'honest mistakes' which any lawyer might make, [1] since I believe that the record is completely barren of evidence to support a finding of a conscious and intentional waiver of petitioner's due process right to have the trial court decide whether evidence used against him had been unconstitutionally seized. Therefore I would not remand for a hearing by the State Supreme Court or the trial court on the issue of waiver. ”