Judicial Review of Police Methods in Law Enforcement: The Role of the Supreme Court of the United States

Texas Law Review 44 (1966).


I have read my share of opinions in criminal cases-more, I have often thought, than my just share-and I have pored over my share of records, darting from witness to witness, from ambiguous question to incomplete answer-one such record seems fully more than a just share. But I have never prosecuted a criminal nor defended one, nor sat as a trial judge in a criminal case. I have never had to make an arrest, nor interviewed a criminal defendant or a convict, nor ever been one. My contact with the police has been slight, and on the whole pleasant. I don’t recall ever being inside a station house. All I know about what goes on there is what I read in the papers-the newspapers and the scholarly papers. My credentials, in other words-I think I can say without giving myself airs-are those of the average appellate judge; certainly this lack of an intimate experience of the criminal process is shared by a majority of the members of the Supreme Court of the United States.

Texas Law Review