STEWART, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

399 U.S. 42

Chambers v. Maroney

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

MR. JUSTICE STEWART, concurring.

I adhere to the view that the admission at trial of evidence acquired in alleged violation of Fourth Amendment [p55] standards is not, of itself, sufficient ground for a collateral attack upon an otherwise valid criminal conviction, state or federal. See Harris v. Nelson, 394 U.S. 286, 307 (dissenting opinion); Kaufman v. United States, 394 U.S. 217, 242 (dissenting opinion). But until the Court adopts that view, I regard myself as obligated to consider the merits of the Fourth and Fourteenth Amendment claims in a case of this kind. Upon that premise, I join the opinion and judgment of the Court.