Lustig v. United States

Mr. Justice Murphy,

with whom

Mr. Justice Douglas and Mr. Justice Rutledge join, concurring.

Mr. Justice Frankfurter finds it unnecessary to decide whether an illegal search by state officers bars the introduction of the fruits of the search in a federal court. I join in his opinion, and in the judgment of reversal. But my dissenting views in Wolf v. Colorado, ante, p. 25, decided this day, make clear my position on the question he reserves. In my opinion the important consideration is the presence of an illegal search. Whether state or federal officials did the searching is of no consequence to the defendant, and it should make no difference to us.