Cardwell v. Lewis

Mr. Justice Powell,

concurring in the result.

I would reverse the judgment of the Court of Appeals for the reasons set forth in my concurring opinion in Schneckloth v. Bustamonte, 412 U. S. 218, 250 (1973). As stated therein, I would hold that “federal collateral review of a state prisoner’s Fourth Amendment claims— claims which rarely bear on innocence — should be confined solely to the question of whether the petitioner [for habeas corpus] was provided a fair opportunity to raise and have adjudicated the question in state courts.” Ibid. In this case there is no contention that respondent was denied a full and fair opportunity to litigate his claim in the state courts.