Linkletter v. Walker

In Linkletter v. Walker (1965) 381 U.S. 618, the court expressly considered whether Mapp's extension of the exclusionary rule to the states "operated retrospectively upon cases finally decided in the period prior to Mapp." (Linkletter v. Walker, supra, 381 U.S. at pp. 619-620.) The court concluded the answer was "no." (Linkletter, at pp. 639-640.) In reaching this conclusion, the court first observed "that the Constitution neither prohibits nor requires retrospective effect." (Id. at p. 629.) Proceeding from that premise, the court determined it had to "weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation." (Ibid.) The court then applied this approach to the exclusionary rule. The court noted that the reason for "requiring the exclusion of illegal evidence" is "the necessity for an effective deterrent to illegal police action," and the court could not "say that this purpose would be advanced by making the rule retrospective" because "the misconduct of the police prior to Mapp has already occurred and will not be corrected by releasing the prisoners involved." (Id. at pp. 636-637.) Accordingly, the court concluded "that though the error complained of might be fundamental it is not of the nature requiring us to overturn all final convictions based upon it." (Id. at pp. 639-640.)