Thurgood Marshall

“ Petitioner's final contention can be dismissed rather quickly. He argues that the trial judge erred in permitting some clothing seized from petitioner's duffel bag to be introduced into evidence. This duffel bag was being used jointly by petitioner and his cousin Rawls and it had been left in Rawls' home. The police, while arresting Rawls, asked him if they could have his clothing. They were directed to the duffel bag and both Rawls and his mother consented to its search. During this search, the officers came upon petitioner's clothing and it was seized as well. ”

“ Moreover, unlike the situation in either Douglas or Bruton, Rawls' statement was not a vitally important part of the prosecution's case.
We believe that in these circumstances the limiting instructions given were sufficient to protect petitioner's constitutional rights. As the Court said in Bruton, 391 U.S. at 135, 88 S.Ct. at 1627, 'Not every admission of inadmissible hearsay or other evidence can be considered to be reversible error unavoidable through limiting instructions; instances occur in almost every trial where inadmissible evidence creeps in, usually inadvertently.' See Hopt v. ”

“ Petitioner argues that his statement about getting a lawyer was sufficient to bring Escobedo into play and that the police should immediately have stopped the questioning and obtained counsel for him. ”

“ The evidence presented in the record is sufficient to support the Oregon Supreme Court's conclusion that 'the state could reasonably expect (Rewls) to testify in line with his previous statements.' 245 Or. ”