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''Elkins v. United States'', , was a US Supreme Court decision that held the "silver platter doctrine", which allowed federal prosecutors to use evidence illegally gathered by state police, to be a violation of the Fourth Amendment to the United States Constitution. Evidence of illegal wiretapping had been seized from the home of James Butler Elkins by Portland, Oregon police officers on an unrelated search warrant, and he was subsequently convicted in federal court. Elkins appealed, arguing that evidence found by the officers should have been inadmissible under the exclusionary rule, which forbids the introduction of most evidence gathered through Fourth Amendment violations in criminal court. In a 5-4 decision, the Court overturned the silver platter doctrine and Elkins' conviction. Associate Justice Potter Stewart wrote the majority opinion, while Associate Justices Felix Frankfurter and John M. Harlan II dissented. By giving a rationale for a broader interpretation of Fourth Amendment rights, the decision prepared the way for ''Mapp v. Ohio'' (1961), which applied the exclusionary rule to the states. == Silver platter doctrine == The Fourth Amendment prevents most warrantless searches by law enforcement officers, and since ''Weeks v. United States'' (1914), has been enforced by the exclusionary rule, which excludes most evidence gathered through Fourth Amendment violations from criminal trials. While ''Wolf v. Colorado'' (1949) had held the amendment to apply to the states, a process known as incorporation, the exclusionary rule had explicitly not been incorporated by the decision. Evidence gathered by state law enforcement was therefore not yet bound by the same strictures as that gathered by federal law enforcement. In ''Lustig v. United States'' (1949), Justice Felix Frankfurter coined the silver platter doctrine, ruling that evidence gathered by Fourth Amendment violations was still admissible if state police gave it to federal officials on "a silver platter"—that is, without any level of involvement by federal authorities. This doctrine nonetheless created an incentive for federal authorities to coordinate with state law enforcement in the gathering of evidence. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Elkins v. United States」の詳細全文を読む スポンサード リンク
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