Tom C. Clark

“ For some years now the field has been muddy, but today the Court makes it a quagmire. It fashions a novel rule, supporting it with an old theory long since overruled. If Rabinowitz is no longer law the Court should say so. It is disastrous to law enforcement to leave at large the inconsistent rules laid down in these cases. It turns the wellsprings of democracy-law and order-into a slough of frustration. It turns crime detection into a game of 'cops and robbers.' We hear much these days of an increasing crime rate and a breakdown in law enforcement. Some place the blame on police officers. ”

“ Every moment of every day, somewhere in the United States, a law enforcement officer is faced with the problem of search and seizure. He is anxious to obey the rules that circumscribe his conduct in this field. It is the duty of this Court to lay down those rules with such clarity and understanding that he may be able to follow them. ”

“ The Constitution condemns only an unreasonable search. As my Brother FRANKFURTER says, that determination 'turns on the circumstances presented by a particular situation.' [1]
As I read the record, Bridgaman had rented a house to Chapman. On a Sunday morning he called at the house to invite Chapman to church services. However, Bridgaman found Chapman gone, the house locked up and an 'awful scent' of whiskey mash all over the place, including an open but empty cellar. He reported these facts to state officers and, at his suggestion, two officers accompanied him to the house. ”