Tom C. Clark

“ Nor can I accept the conclusion of the Court that the circumstances found by the Court of Appeals fall 'short of a virtual certainty that the petitioner knew of (the officers') purpose to arrest him.' His knowledge-in the absence of an express admission by him-can never be a 'virtual certainty.' Rather than attempting to psychoanalyze petitioner, we should measure his understanding by his outward acts. The Court of Appeals found that they indisputably established petitioner's awareness of the police purpose. We should not disturb that finding. ”

“ It is to be noted, however, that the Court of Appeals expressly based its opinion on the fact that the officers 'were confronted by the need for a decision arising from the necessitous circumstances of the situation.' The position of the Government does not excuse us from evaluating the circumstances of the whole case. I believe that the Court of Appeals was eminently correct in its conclusion that 'necessitous circumstances' here warranted the officers in entering the apartment. ”

“ But the fact that the Government seeks clarification of a general federal statute, possibly to serve its purposes in prosecutions elsewhere, is no reason for us to oblige, especially when the result is to subvert existing local law. ”