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Fuller v. Alaska

U.S.
Oct 28, 1968
393 U.S. 80 (1968)

Summary

holding that Lee v. Florida, 392 U.S. 378, which ruled evidence seized in violation of § 605 of the Federal Communications Act, 47 U.S.C. § 605, inadmissible in state trials, applicable to all cases in which the evidence was introduced after the date of decision in Lee

Summary of this case from Michigan v. Tucker

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ALASKA.

No. 249.

Decided October 28, 1968.

Lee v. Florida, 392 U.S. 378, which held inadmissible in state criminal trials evidence violative of § 605 of the Federal Communications Act, is to be applied only to trials in which such evidence is sought to be introduced after the date of that decision.

Certiorari granted; 437 P.2d 772, affirmed.

George Kaufmann for petitioner.


Petitioner was convicted of shooting with intent to kill or wound and was sentenced to 10 years in prison. Over petitioner's objection that it was obtained in violation of § 605 of the Federal Communications Act, 48 Stat. 1103, 47 U.S.C. § 605, the prosecution introduced in evidence a telegram allegedly sent by petitioner to an accomplice. The Supreme Court of Alaska affirmed, holding that it did not need to decide whether § 605 had actually been violated since the evidence was in any event admissible in state trials under Schwartz v. Texas, 344 U.S. 199.

In Lee v. Florida, 392 U.S. 378, we overruled Schwartz v. Texas and held that evidence violative of § 605 is not admissible in state criminal trials. The decision of the Alaska Supreme Court cannot stand, therefore, if Lee is to be applied retroactively. We hold, however, that the exclusionary rule of Lee is to be given prospective application, and, accordingly, we affirm.

Prospective application of Lee is supported by all of the considerations outlined in Stovall v. Denno, 388 U.S. 293, 297. The purpose of Lee was in no sense to "enhance the reliability of the fact-finding process at trial." Johnson v. New Jersey, 384 U.S. 719, 729. Like Mapp v. Ohio, 367 U.S. 643, Lee was designed to enforce the federal law. Linkletter v. Walker, 381 U.S. 618, 639. And evidence seized in violation of the federal statute is no less relevant and reliable than that seized in violation of the Fourth Amendment to the Constitution. Moreover, the States have justifiably relied upon the explicit holding of Schwartz that such evidence was admissible.

These considerations were more recently applied in DeStefano v. Woods, 392 U.S. 631, 633, in which we concluded that the right to a jury trial in state criminal prosecutions under Duncan v. Louisiana, 391 U.S. 145, and Bloom v. Illinois, 391 U.S. 194, was prospective only.

Lee v. Florida, 392 U.S., at 386-387:
"We conclude, as we concluded in Elkins and in Mapp, that nothing short of mandatory exclusion of the illegal evidence will compel respect for the federal law `in the only effectively available way — by removing the incentive to disregard it.' Elkins v. United States, 364 U.S., at 217."

Retroactive application of Lee would overturn every state conviction obtained in good-faith reliance on Schwartz. Since this result is not required by the principle upon which Lee was decided, or necessary to accomplish its purpose, we hold that the exclusionary rule is to be applied only to trials in which the evidence is sought to be introduced after the date of our decision in Lee.

The petition for a writ of certiorari is granted, and the judgment of the Supreme Court of Alaska is affirmed.

MR. JUSTICE BLACK dissents for the reasons set out in his dissenting opinion in Linkletter v. Walker, 381 U.S. 618, 640. But see his dissent in Lee v. Florida, 392 U.S. 378, 387.

MR. JUSTICE DOUGLAS, believing that the rule of Lee v. Florida, 392 U.S. 378, which was applied retroactively in that case, should be applied retroactively in other cases, too, dissents.


Summaries of

Fuller v. Alaska

U.S.
Oct 28, 1968
393 U.S. 80 (1968)

holding that Lee v. Florida, 392 U.S. 378, which ruled evidence seized in violation of § 605 of the Federal Communications Act, 47 U.S.C. § 605, inadmissible in state trials, applicable to all cases in which the evidence was introduced after the date of decision in Lee

Summary of this case from Michigan v. Tucker

holding that Lee v. Florida, 392 U.S. 378, 88 S.Ct. 2096, 20 L.Ed.2d 1166, which ruled evidence seized in violation of Section 605 of the Federal Communications Act, 47 U.S.C. § 605, inadmissible in state trials, applicable to all cases in which the evidence was introduced after the date of decision in Lee

Summary of this case from United States v. Timonet

In Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212 (1968) and Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969), retrospective effect was denied to non-constitutional rulings in brief Per Curiams.

Summary of this case from United States v. Liguori

In Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212 (1968), it was decided that Lee was not to be applied retroactively.

Summary of this case from Sandoval v. Craven

refusing to give retroactive effect to Lee v. Florida, 392 U.S. 378, 88 S.Ct. 2096, 20 L.Ed.2d 1166, which prohibited use of evidence obtained in violation of § 605 Federal Communications Act

Summary of this case from United States v. Lenardo

In Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212 (Oct. 28, 1968), the Supreme Court of Alaska had held that a telegram unlawfully obtained in violation of Section 605 was lawfully introduced in a trial held in April 1968-- two months before the Lee decision.

Summary of this case from United States ex rel. Rosner v. Warden, Green Haven Prison, Stormville, New York

In Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212 (1968), concerning the admissibility in State trials of evidence obtained in violation of the Federal Communications Act, the Court declined to apply retroactively Lee v. Florida, 392 U.S. 378, 88 S.Ct. 2096, 20 L.Ed.2d 1166 (1968), which had overruled Schwartz v. State of Texas, 344 U.S. 199, 73 S.Ct. 232, 97 L.Ed. 231 (1952).

Summary of this case from Wiggins v. State

In Fuller v. Alaska (393 U.S. 80 [Oct., 1968]), the Supreme Court held "that the exclusionary rule is to be applied only to trials in which the evidence is sought to be introduced after the date of our decision in Lee [v. Florida, 392 U.S. 378, June 17, 1968]" (p. 81).

Summary of this case from People v. Feinlowitz

In Fuller v. Alaska (393 U.S. 80), the court held that Lee should be given only prospective effect and "applied only to trials in which the evidence is sought to be introduced after the date of our decision in Lee."

Summary of this case from People v. Feinlowitz

In Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212, Lee was held to apply "only to trials in which the evidence is sought to be introduced after the date" of the decision.

Summary of this case from State v. Holliday

In Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212 (decided October 28, 1968), it; was said that the holding in Lee should not be applied retroactively, but should be "applied only to trials in which the evidence is sought to be introduced after the date of our decision in Lee."

Summary of this case from Harmon v. Commonwealth

In Fuller v. Alaska (393 U.S. 80) the Supreme Court held "that the exclusionary rule of Lee is to be given prospective application" only.

Summary of this case from Matter of Allen v. Murphy
Case details for

Fuller v. Alaska

Case Details

Full title:FULLER v . ALASKA

Court:U.S.

Date published: Oct 28, 1968

Citations

393 U.S. 80 (1968)
89 S. Ct. 61

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