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The Rule Of Announcement And Unlawful Entry: Miller V. United States And Ker V. California, G. Robert Blakey Professor

Journal Articles

Mr. Justice Frankfurter, in his classic dissent in United States v. Rabinowitz, pointed out that "the safeguards of liberty have frequently been forged in controversies involving not very nice people." Few cases decided by the Supreme Court since Rabinowitz have better illustrated that observation than Miller v. United States and Ker v. California. This Article will consider the problems posed in the administration of federal criminal justice by the "liberty forged" in these two decisions.

Until the Miller decision in 1958, the Supreme Court had never squarely considered and decided a question of announcement and unlawful entry. It is therefore …

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …

Recent Decisions (Criminal Law-Confessions-Reaffirmation Of Inadmissible Confession Also Held Inadmissible), Fernand N. Dutile

Journal Articles

Examining Killough v. United States, 315 F. 2d 241 (D.C. Cir. 1962) which held that the oral reaffirmation of a day-old confession obtained from the defendant without representation by counsel was inadmissible in a federal trial. Professor Dutile notes that this case marked a "further extension" of the exclusionary principle.