William O. Douglas

“ But the rule we fashion is an open invitation to federal officials to 'flout' federal law, to make such searches as they desire, to forget about the search warrants required by the Fourth Amendment, to break into homes willynilly, and then to repair to state courts. ”

“ Under the Fourth Amendment, the judiciary has a special duty of protecting the right of the people to be let alone, except as warrants issue on a showing of probable cause. This special relation of federal courts to the control of federal officials who lawlessly invade the privacy of individual citizens reaches far back into history. ”

“ The decisive factor, indeed the only relevant one in this case, as in Rea, is that federal law enforcement officers are the actors in an illegal search and seizure.
If the officers in Rea had acted without any warrant, the result would not have been different. The victim of the search could certainly have obtained an order of suppression against the use of the evidence in the federal courts. Rule 41 (e) specifically so provides. ”

“ Many permit the use in state prosecutions of evidence which would be barred if tendered in federal prosecutions. [12] The tender regard which is expressed for federal-state relations will in ultimate effect be a tender regard for federal officials who flout federal law. ”

“ Grod, 385 Ill. 584, 586, 53 N.E.2d 591, 593 (the state and federal constitutional provisions are said to be 'in effect the same) '.↑ Respondents stress the fact that petitioner's prayer asks for a 'declaratory judgment' and quote language from decisions of this Court that speak of a judicial discretion to deny such relief. See, e.g., Aetna Life Ins. Co. ”

“ It speaks of the 'allegedly illegal arrest and search,' and places its decision on the ' (d) ecisive factual differences (which) distinguish the Rea case from the instant proceeding.' 275 F.2d 932, 933.↑ Since petitioner has alleged that the Illinois court did not apply the standards imposed by the federal courts, we may leave aside questions which might be raised by the state court incorporation of a federal standard to guide their determinations under state law. Cf. Standard Oil Co. of Calif. v. Johnson, 316 U.S. 481, 62 S.Ct. 1168, 86 L.Ed. 1611; People v. ”