johnson argued february decided june payton new york held fourth amendment prohibits police making warrantless nonconsensual entry suspect home make routine felony arrest payton decided respondent arrested federal charge secret service agents entered home without arrest warrant subsequently federal district denied respondent pretrial motion suppress incriminating statements made arrest evidence admitted trial convicted case still pending direct appeal payton decided strength payton appeals reversed conviction holding payton applied retroactively held decision construing fourth amendment applied retroactively convictions yet final time decision rendered except case clearly controlled existing retroactivity precedents hence payton applied retroactively respondent case pp respondent case present retrospectivity problem clearly controlled existing precedent decision merely applied settled principles new set facts foregone conclusion rule later case applies earlier cases conversely declared rule criminal procedure clear break past almost invariably found new principle nonretroactive also recognized full retroactivity necessary adjunct ruling trial lacked authority convict punish defendant first place respondent case fit categories payton apply settled precedent new set facts announce entirely new unanticipated principle law hold either trial lacked authority convict payton fourth amendment immunized conduct punishment pp retroactivity question presented fairly resolved applying payton rule cases still pending direct appeal time payton decided provides principle consonant original understanding linkletter walker tehan ex rel shott newly declared constitutional rules criminal procedure apply retrospectively least convictions yet final rule established comports judicial responsibility justice litigant merits case desist harlan dissenting resolve cases us direct review light best understanding governing constitutional principles mackey separate opinion harlan furthers goal treating similarly situated defendants similarly pp merit government arguments based peltier adoption approach retroactivity question case pp blackmun delivered opinion brennan marshall powell stevens jj joined brennan filed concurring opinion post white filed dissenting opinion burger rehnquist joined post elliott schulder argued cause briefs solicitor general lee assistant attorney general jensen deputy solicitor general frey patty merkamp stemler john walter appointment argued cause filed brief respondent justice blackmun delivered opinion payton new york held fourth amendment prohibits police making warrantless nonconsensual entry suspect home make routine felony arrest question us present case whether rule announced payton applies arrest took place payton decided special agents hemenway pickering secret service suspected respondent raymond eugene johnson codefendant oscar joseph dodd attempting negotiate misdelivered treasury check proceeding without arrest warrant may two agents went respondent los angeles home waited outside shortly thereafter respondent wife arrived entered house agents drew weapons approached doorway knocked identifying fictitious names respondent opened door saw two agents guns drawn badges raised respondent permitted agents enter house one agent stood respondent living room searched premises agents advised respondent constitutional rights interrogated respondent revealed involvement taking misdelivered check agents formally arrested respondent later signed written statement admitting involvement check trial respondent sought suppress oral written statements fruits unlawful arrest supported probable cause district central district california found respondent arrest proper admitted evidence app jury convicted respondent aiding abetting obstruction correspondence violation imposition respondent sentence suspended favor five years probation unreported opinion filed december appeals ninth circuit affirmed judgment conviction acknowledging certainly preferable agents obtained warrant respondent arrest entering residence nonetheless ruled probable cause exists arrest respondent constitutional rights violated warrantless arrest even though may time agents obtained warrant arrest app pet cert april respondent petition rehearing still pending ninth circuit decided payton new york supra september ninth circuit granted respondent petition rehearing withdrew prior opinion strength payton reversed judgment conviction light strong language payton emphasizing special protection constitution affords individuals within homes appeals held warrantless arrest johnson stood within home opened door response false identification agents constituted violation fourth amendment rights government petitioned rehearing arguing principles payton apply retroactively arrest occurred payton decided appeals disagreed denied petition rehearing amended opinion clarify payton apply retroactively app pet cert government sought review granted certiorari consider retrospective effect fourth amendment rule announced payton ii federal constitution voice upon subject retrospectivity great northern sunburst oil refining decided linkletter walker common law decisions recognized general rule retrospective effect constitutional decisions subject certain limited exceptions robinson neil citing norton shelby county chicot county drainage dist baxter state bank linkletter addressed question whether fourth amendment exclusionary rule mapp ohio apply state convictions become final mapp decided outset linkletter noted cases still pending direct review mapp handed already received benefit mapp rule see citing ker california fahy connecticut stoner california limited retrospective application mapp consistent rule recognized civil criminal litigation change law given effect case direct review citing schooner peggy cranch determine whether particular ruling also extend cases already final linkletter directed courts weigh merits demerits case looking prior history rule question purpose effect whether retrospective operation retard operation employing test concluded mapp rule apply convictions become final mapp decided following term tehan ex rel shott applied linkletter analysis hold fifth amendment rule griffin california barring comment state defendant failure testify nonretroactive judgments conviction made final griffin decided found question applicability griffin rule cases still pending direct review time announced citing ohio thus linkletter shott appeared newly declared constitutional rules criminal procedure apply retrospectively least judgments conviction yet final rule established johnson new jersey stovall denno however departed basic principle cases held interest justice may balance three factors determine whether new constitutional rule retrospectively prospectively applied purpose served new standards extent reliance law enforcement authorities old standards effect administration justice retroactive application new standards see also johnson new jersey outcome balancing process might call different degrees retroactivity different cases concluded distinction justified convictions final convictions various stages trial direct review stovall denno see johnson new jersey balance three stovall factors inevitably shifted case case hardly surprising subsequent course linkletter became almost difficult follow tracks made beast prey search intended victim mackey separate opinion harlan one extreme regularly given complete retroactive effect new constitutional rules whose major purpose overcome aspect criminal trial substantially impairs function raises serious questions accuracy guilty verdicts past trials williams plurality opinion see also brown louisiana plurality opinion hankerson north carolina gosa mayden plurality opinion ivan city new york extreme applied standards future cases denying benefit new rule even parties see morrissey brewer establishing basic requirements applicable future revocations parole cf johnson new jersey citing england louisiana state board medical examiners james intermediate position applied change law future litigants retroactively parties bar see stovall denno destefano woods adams illinois plurality opinion michigan payne consistent stream separate opinions since linkletter members argued selective awards retroactivity opinions uniformly asserted minimum defendants whose cases still pending direct appeal time decision entitled invoke new rule desist dissenting opinion mackey separate opinion justice harlan presented comprehensive analysis support principle view failure apply newly declared constitutional rule least cases pending direct review time decision violated three norms constitutional adjudication first justice harlan argued ambulatory retroactivity doctrine conflicts norm principled decisionmaking members come regret among initially grasped doctrine way limiting reach decisions seemed fundamentally unsound others rationalized resort prospectivity technique provided impetus implementation long overdue reforms otherwise practicably effected citing jenkins delaware upshot confluence viewpoints coalitions favoring nonretroactivity realigned case case inevitably generating welter incompatible rules inconsistent principles desist see also michigan payne marshall dissenting principled adjudication requires abandon charade carefully balancing countervailing considerations deciding question retroactivity second justice harlan found difficult accept notion judicial body apply new constitutional rule entirely prospectively making exception particular litigant whose case chosen vehicle establishing rule desist dissenting opinion legislature makes new rules wholly partially retroactive prospective deems wise mackey harlan dissenting however announce new constitutional rules correlative dual duty decide cases jurisdiction apply federal constitution one source matrix governing legal rules simply fishing one case stream appellate review using vehicle pronouncing new constitutional standards permitting stream similar cases subsequently flow unaffected new rule constitute indefensible departure model judicial review hen another similarly situated defendant comes us must grant relief give principled reason acting differently depart basic judicial tradition simply pick choose among similarly situated defendants alone receive benefit new rule constitutional law desist dissenting opinion agree justice harlan etroactivity must rethought desist dissenting opinion therefore examine circumstances case determine whether presents retroactivity question clearly controlled past precedents whether application harlan approach resolve retroactivity issue presented principled equitable manner iii outset must first ask whether respondent case presents retrospectivity problem clearly controlled existing precedent decisions convinces us three narrow categories cases answer retroactivity question effectively determined application stovall factors rather application threshold test first decision merely applied settled precedents new different factual situations real question arisen whether later decision apply retrospectively cases foregone conclusion rule later case applies earlier cases later decision fact altered rule material way see dunaway new york reviewing application rule brown illinois spinelli explicat ing principles aguilar texas desist harlan dissenting conversely expressly declared rule criminal procedure clear break past desist almost invariably gone find newly minted principle nonretroactive see peltier brennan dissenting collecting cases second type case traits particular constitutional rule less critical express threshold determination new constitutional interpretatio change law prospectivity arguably proper course williams plurality opinion found new rule unanticipated second third stovall factors reliance law enforcement authorities old standards effect administration justice retroactive application new rule virtually compelled finding nonretroactivity see gosa mayden plurality opinion michigan payne third recognized full retroactivity necessary adjunct ruling trial lacked authority convict punish criminal defendant first place invalidated inconsistent prior judgments reading particular constitutional guarantee immunizes defendant conduct punishment see coin currency penalty assertion fifth amendment privilege serves prevent trial taking place rather prescribe procedural rules govern conduct trial robinson neil double jeopardy cases relied less technique retroactive application notion prior inconsistent judgments sentences void ab initio see moore illinois retroactive application eighth amendment ruling furman georgia ashe swenson retroactive application double jeopardy ruling benton maryland see also gosa mayden marshall dissenting michigan payne marshall dissenting rulings fully retroactive held trial lacked jurisdiction traditional sense respondent case neatly fits none three categories first payton new york simply apply settled precedent new set facts payton acknowledged important constitutional question presented expressly left open number prior opinions citing watson gerstein pugh coolidge new hampshire jones token however payton also announce entirely new unanticipated principle law general subsequently read decision work sharp break web law milton wainwright stewart dissenting unless ruling caused abrupt fundamental shift doctrine constitute entirely new rule effect replaced older one hanover shoe shoe machinery break recognized decision explicitly overrules past precedent see desist williams disapproves practice arguably sanctioned prior cases see gosa mayden plurality opinion adams illinois johnson new jersey overturns longstanding widespread practice spoken body lower authority expressly approved see gosa mayden plurality opinion applying nonretroactively decision effected decisional change attitude prevailed many decades stovall denno see also chevron oil huson cipriano city houma milton wainwright stewart dissenting sharp break occurs decision overrules clear past precedent disrupts practice long accepted widely relied upon payton none payton expressly overruled clear past precedent litigants may relied payton disapprove established practice previously sanctioned extent earlier spoken conduct engaged police officers payton deemed doubtful constitutionality analysis payton makes clear ruling rested principles fourth amendment law weight historical authority appeared framers fourth amendment finally payton overturned longstanding practice approved body lower authority payton therefore fall narrow class decisions whose nonretroactivity effectively preordained unmistakably signal clear break past desist equally plain payton fall third category cases pose difficult retroactivity questions payton hold trial lacked authority convict sentence theodore payton payton reading fourth amendment immunize payton conduct punishment holding payton prevent defendant trial taking place rather reversed new york appeals judgment remanded new trial conducted without unconstitutionally obtained evidence determined retroactivity question clearly controlled prior precedents next must ask whether question fairly resolved applying rule payton cases still pending direct appeal time payton decided answering question affirmatively satisfy three concerns stated justice harlan opinions desist mackey first retroactive application payton previously nonfinal convictions provide principle decisionmaking consonant original understanding retroactivity linkletter shott moreover principle one capable general applicability satisfying justice harlan central concern refusal apply new constitutional rules cases arising direct review tends cut loose force precedent allowing us restructure artificially expectations legitimately created extant law thereby mitigate practical force stare decisis force properly bear judicial resolution legal problem mackey separate opinion second application payton cases pending direct review comport judicial responsibilities justice litigant merits case desist harlan dissenting resolve cases us direct review light best understanding governing constitutional principles mackey separate opinion harlan appeals held circumstances respondent arrest violated payton government dispute contention see supra ironic indeed reverse judgment applying payton rule payton reversed directly contrary judgment new york appeals justice harlan noted desist new constitutional doctrine truly right reverse lower courts accepted affirm rejected arguments embraced third application harlan approach respondent case goal treating similarly situated defendants similarly government contends respondent may invoke payton arrested payton decided yet goes without saying theodore payton also arrested payton decided received benefit rule case furthermore least one defendant whose conviction final payton issued benefited payton rule although arrested payton decided approach resolved nonfinal convictions rule law lessen possibility might mete different constitutional protection defendants simultaneously subjected identical police conduct iv adoption approach government raises four arguments based peltier none persuasive government first cites peltier holding fourth amendment rule announced apply retroactively case pending appeal announced holding government suggests peltier declared principle controls issue retroactivity fourth amendment rulings upon examination however retroactivity question posed differs presented peltier government concedes payton overturned neither statute consistent judicial history approving nonconsensual warrantless home entries see brief thus nonretroactivity preordained clear break principles stated peltier contrast noted invalidated form search previously sanctioned validly enacted statute supported longstanding administrative regulations continuous judicial approval see also powell concurring question one first impression practice disapproved consistently approved judiciary white dissenting judges appeals cases approved invalidated practice overturned longstanding practice spoken body lower authority approved represented clear break past reason alone controlling retroactivity precedents nonretroactive application appropriate even case involved fourth amendment question respect peltier resembles several earlier decisions held new fourth amendment doctrine nonretroactive ground fourth amendment rulings apply prospectively particular decisions applied change law prospectivity arguably proper course williams plurality opinion refusing apply retroactively chimel california overruled rabinowitz harris see also desist refusing apply retroactively katz overruled goldman olmstead government bases second argument peltier broad language purpose exclusionary rule deter unlawful police conduct evidence obtained search suppressed said law enforcement officer knowledge may properly charged knowledge search unconstitutional fourth amendment emphasis added government reads language require new fourth amendment rules must denied retroactive effect cases except law enforcement officers failed act compliance constitutional norms government seriously suggest retroactivity given fourth amendment ruling turn solely subjective state particular arresting officer mind instead offers objective test law enforcement officers may properly charged knowledge settled fourth amendment law government theory state fourth amendment law regarding warrantless home arrests unsettled payton ruling apply retroactively even cases pending direct appeal payton decided see brief yet government reading peltier reduce retroactivity test absurdity view fourth amendment rulings worthy retroactive application arresting officers violated guidelines clearly established prior cases seen cases involving simple application clear fourth amendment guidelines raise real questions retroactivity literally read government theory automatically eliminate fourth amendment rulings consideration retroactive application government third claim peltier logic suggests retroactive application fourth amendment decisions like payton even cases pending direct review serve policies underlying exclusionary rule cf yet viewed light peltier holding assertion also fails peltier suggested retroactive application fourth amendment ruling worked sharp break law like little deterrent effect law enforcement officers rarely deterred engaging practice never expected invalidated see logic apply ruling like payton resolved previously unsettled point fourth amendment law rule every unsettled fourth amendment question years may pass finally invalidates police practice dubious constitutionality see desist fortas dissenting arguing wiretap rule olmstead moribund years formally overruled long payton example questioned constitutionality warrantless home arrests see supra furthermore opinions consistently emphasized light constitutional protection traditionally accorded privacy home police officers resolve doubts regarding validity home arrest favor obtaining warrant see johnson assumption evidence sufficient support magistrate disinterested determination issue search warrant justify officers making search without warrant reduce amendment nullity leave people homes secure discretion police officers government argues rulings resolving unsettled fourth amendment questions nonretroactive close cases law enforcement officials little incentive err side constitutional behavior official awareness dubious constitutionality practice counterbalanced official certainty long fourth amendment law area remained unsettled evidence obtained questionable practice excluded one case definitively resolving unsettled question failure accord retroactive effect fourth amendment rulings encourage police courts disregard plain purport decisions adopt approach desist fortas dissenting government finally argues retroactive application payton even case pending direct appeal accomplish nothing discharge wrongdoer justice harlan gave answer assertion release criminal jail like think wise government offended constitutional principle conduct case another similarly situated defendant comes us must grant relief give principled reason acting differently desist dissenting opinion applying payton convictions yet final payton issued accomplish first step toward turning backs ad hoc approach far characterized decisions retroactivity field proceeding administer doctrine principle jenkins delaware harlan dissenting extent necessary decide today case embrace justice harlan views desist mackey therefore hold subject exceptions stated decision construing fourth amendment applied retroactively convictions yet final time decision rendered holding however leave undisturbed precedents areas first decision today affect cases clearly controlled existing retroactivity precedents second respondent case arises direct review need address retroactive reach fourth amendment decisions cases still may raise fourth amendment issues collateral attack cf supra third express view retroactive application decisions construing constitutional provision fourth amendment finally questions civil retroactivity continue governed standard enunciated chevron oil huson see supra respondent case pending direct appeal payton new york decided appeals correctly held rule payton apply respondent case judgment affirmed ordered footnotes right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized march postal service mistakenly delivered lena kearney treasury check payable elihu peterson kearney sought dodd assistance cashing check accompanied respondent johnson another man dodd went kearney residence discuss methods cashing check three men eventually departed taking check kearney related foregoing events special agent hemenway obtained warrant dodd arrest however obtain warrant arrest respondent see jury acquitted respondent separate count aiding abetting receipt stolen government property see respondent codefendant dodd convicted counts unreported decision dodd conviction affirmed summarily appeal us see dodd rehearing denied mar noted probable jurisdiction payton december march ninth circuit deferred decision respondent petition rehearing rehearing en banc pending decision payton app heard argument payton march restored case calendar reargument see august ninth circuit reaffirmed respondent conviction process amending initial opinion denying respondent petition rehearing app pet cert respondent timely filed second petition rehearing suggestion rehearing en banc still pending appeals payton decided decision issued three months initial ruling different panel ninth circuit anticipated payton holding absent exigent circumstances police probable cause arrest felony suspect must obtain warrant entering dwelling carry arrest prescott upon denial government petition rehearing respondent case appeals made clear postpayton reversal respondent conviction rests chiefly upon basic principles common decision prescott payton app pet cert also noted already held ruling prescott apply retroactively see blake purposes case government assumes correctness appeals ruling applied facts payton require exclusion respondent statements brief therefore need examine appeals conclusion issue requirement constitutional rules receive full retroactive application derived blackstonian notion duty pronounce new law maintain expound old one linkletter walker citing blackstone commentaries ed final mean judgment conviction rendered availability appeal exhausted time petition certiorari elapsed petition certiorari finally denied decision mapp ohio linkletter walker see also tehan ex rel shott see brown louisiana powell stevens joined concurring judgment harlin missouri powell concurring judgments hankerson north carolina marshall concurring judgment powell concurring judgment peltier douglas dissenting daniel louisiana douglas dissenting michigan tucker douglas dissenting michigan payne douglas dissenting marshall dissenting adams illinois douglas marshall concurred dissenting mackey separate opinion harlan douglas black concurred dissenting williams marshall concurring part dissenting part coleman alabama harlan concurring part dissenting part von cleef new jersey harlan concurring result jenkins delaware harlan dissenting desist douglas dissenting harlan dissenting fortas dissenting fuller alaska douglas dissenting destefano woods douglas black joined dissenting stovall denno douglas dissenting black dissenting johnson new jersey black douglas joined dissenting whisman georgia douglas dissenting tehan ex rel shott black douglas joined dissenting linkletter walker black douglas joined dissenting evenhanded justice similarly situated litigants principal theme sounded dissenting opinions justices black douglas see cases cited supra views justices diverged justice harlan however question whether equal treatment also requires retroactive application newly announced constitutional rules cases arising collateral attack compare desist douglas dissenting harlan dissenting see also adams illinois douglas dissenting members continue offer views troublesome question compare hankerson north carolina marshall concurring judgment powell concurring judgment cases therefore proved readily susceptible analysis linkletter line cases robinson neil dissent accusation categories exclude obvious line cases announcing rules relating function post misses point cases retroactivity decision fact turned traditional application stovall factors central issue dispute often major purpose served new standard compare brown louisiana plurality opinion rehnquist dissenting disagreeing major purpose unanimous jury rule burch louisiana civil context contrast clear break principle usually stated threshold test determining whether decision applied nonretroactively see chevron oil huson determined decision establish ed new principle law either overruling clear past precedent litigants may relied deciding issue first impression whose resolution clearly foreshadowed gone examine history purpose effect new rule well inequity imposed retroactive application see also hanover shoe shoe machinery least since boyd acknowledged fourth amendment accords special protection home mcdonald stated constitution requires magistrate pass desires police violate privacy home see also johnson ultimately declining decide whether warrant necessary effect home arrest coolidge new hampshire omitted declared search seizure carried suspect premises without warrant per se unreasonable unless police show falls within one carefully defined set exceptions based presence exigent circumstances see also district physical entry home chief evil wording fourth amendment directed sanctity private dwellings ordinarily afforded stringent fourth amendment protection payton relied basic principle fourth amendment law searches seizures inside home without warrant presumptively unreasonable citing coolidge new hampshire recognized express language fourth amendment drawn firm line entrance house terms apply equally seizures property seizures persons examining understanding officer authority arrest suspect home concluded weight authority appeared framers fourth amendment effect warrant required home arrest minimum substantial risks proceeding without one practice invalidated payton found support state courts decisions evinced means kind virtual unanimity required make payton clear break past payton noted time decision nly currently sanction warrantless entries home arrest obvious declining trend ibid california present respondent case arose state held year respondent arrest fourth amendment state constitutional counterpart warrantless arrests within home per se unreasonable absence exigent circumstances see people ramey cal cert denied seven courts appeals considered question payton five expressed view warrantless home arrests unconstitutional three circuits assumed without expressly deciding searches unlawful ibid one decisions department justice instructed federal law enforcement agencies follow practice procuring arrest warrants entering suspect home arrest without exigent circumstances brief ninth circuit respondent arrested said law enforcement officials knew th circuit law unsettled drift toward warrant requirement blake phillips suggested dictum warrants required officers may enter private dwelling effect arrest calhoun cert denied sub nom stephenson observed government agreed absent exigent circumstances warrantless nonconsensual entry suspect home illegal prescott squarely held arrests unconstitutional see supra new york appeals affirmed payton conviction along obie riddick see payton new york noted probable jurisdiction riddick appeal consolidated payton reversed convictions theory held riddick jurisdictional statement pending disposition payton case vacated remanded case reconsideration light payton course taken seven nonfinal cases see gonzalez new york brown florida busch florida vidal new york gordon new york gayle new york dunagan illinois alternatively given cases plenary review potential unequal treatment inherent process justice douglas recalled decided miranda arizona ome cases presented raising question took four held rest disposed four applying new procedural rule retroactively respects rest pending cases denied relief yet sheer coincidence precise four chosen single case group four sufficient purposes desist dissenting opinion aware course many considerations affect defendant progress judicial system speed appellate review differ state state circuit circuit case case even approach may unavoidable similarly situated defendants treated differently cf williams plurality opinion government suggests approach however virtually ensures anomalies occur government concedes payton rule apply case arising circuit appeals already held authoritatively searches unlawful brief respondent arrested two courts appeals invalidated warrantless home arrests conducted absence exigent circumstances see dorman app shye thus government theory statements suspect arrested district columbia day respondent arrested los angeles identical circumstances excluded respondent statements moreover government reasoning obliged reverse ruling appeals ninth circuit excluding statements identical ruling district columbia circuit parallel case dissent takes different tack arguing inherent arbitrariness arises whenever lines drawn area dissent suggests best way deal problem continue make retroactivity decisions picking choosing among similarly situated defendants see post clinging view dissent fooling ibid power speed slow appellate process many tribunals throughout country ensure similar treatment similarly situated defendants however power eliminate obvious unfairness results gives conveniently situated defendant retrospective benefit newly declared rule dissent shares mistaken impression support claim dissent cites peltier suggestion every decision involving exclusionary rule accorded prospective application post citing peltier recognized discomfort however linkletter first modern retroactivity cases acknowledged application mapp exclusionary rule cases pending direct review time mapp decided see record case example explain respondent arresting officers failed obtain warrant arrest obtain warrant arrest codefendant see supra stone powell cases raising fourth amendment challenges collateral attack federal habeas corpus cases state failed provide state prisoner opportunity full fair litigation claim analogous federal cases collateral challenges state prisoners state convictions postconviction relief statutes continue recognize fourth amendment claims logic ruling however inconsistent precedents giving complete retroactive effect constitutional rules whose purpose overcome aspect criminal trial substantially impairs function see hankerson north carolina ivan city new york depending constitutional provision involved additional factors may warrant giving particular ruling retroactive effect beyond cases pending direct review see hankerson north carolina powell concurring judgment curiously dissent faults us limiting ruling context properly presented case fourth amendment also preserving rather overruling clearly controlling retroactivity precedents see post dissent recasts precedents simplistic way arguing rules related automatically receive full retroactive effect implying rules including fourth amendment rules receive none however two problems first decisions regularly giving complete retroactive effect rules way required newly declared fourth amendment rulings denied retroactive effect reasons already stated retroactive application fourth amendment rules least cases pending direct review furthers policies underlying exclusionary rule second important fourth amendment rule urged dissent far perfectly good one ibid already shown rule condones obviously inequitable treatment similarly situated litigants judicial injustice individual litigants question granted certiorari encompassed one issue whether appeals correctly concluded decision prescott applies retroactively respondent arrest see supra hold principles decision payton apply retroactively respondent case need disturb appeals ruling regarding retroactive application prior decision justice brennan concurring join opinion understanding decision leaves undisturbed retroactivity precedents applied convictions final time decision see stovall denno justice white chief justice justice rehnquist justice join dissenting view case controlled peltier peltier established two propositions first retroactive application new constitutional doctrine appropriate doctrine major purpose overcome aspect criminal trial substantially impairs function raises serious questions accuracy guilty verdicts past trials quoting williams second new extensions exclusionary rule serve purpose therefore generally applied retroactively surely nothing extraordinary ruling payton new york justify exception general rule peltier latest number cases involving question whether rulings extending reach exclusionary rule given retroactive effect noted every case addressed retroactivity problem context exclusionary rule concluded new constitutional principle accorded prospective application suggested two reasons consistent pattern decisions two reasons directly related justifications exclusionary rule rule traditionally understood serve two purposes first preserves judicial integrity second acts deterrent unconstitutional police conduct neither purposes however furthered retroactive application new extensions rule first law enforcement officers reasonably believed good faith evidence seized admissible trial imperative judicial integrity offended introduction evidence material second deterrence purpose served evidence suppressed derived search law enforcement officers knew known unconstitutional fourth amendment focusing purpose exclusionary rule order decide question retroactivity following settled principles linkletter walker majority agrees first modern retroactivity cases set forth model analysis retroactivity question presented must look purpose mapp rule reliance placed upon wolf doctrine effect administration justice retrospective application mapp moreover today decision clear principles governed question whether new decision retroactively apply cases pending appeal time announcement peltier sort case peltier case appeal time announcement decision indeed reversed appeals holding case rule announced applied similar cases pending appeal date decision announced peltier omitted thought long ago resolved problem appearance inequity arises whenever limit retroactive reach new principle law justice brennan stated stovall supra inequity arguably results according benefit new rule parties case announced litigants similarly situated trial appellate process raised issue regard fact parties involved chance beneficiaries insignificant cost adherence sound principles first majority discerns consistent reading precedents control case ante determined retroactivity question clearly controlled prior precedents given clarity previously set applicable principles consistent application principles cases involving extensions exclusionary rule surely strange conclusion eschewing reading cases set forth looks primarily substantive purpose relevant rule law majority replaces exceedingly formal set three categories ante categories turn dicta merit little comment suffice say inadequacy obvious even moment reflection category majority agrees regularly given complete retroactive effect nowhere included formal scheme cases announcing new constitutional rules whose major purpose overcome aspect criminal trial substantially impairs function raises serious questions accuracy guilty verdicts past trials ante quoting williams plurality opinion little wonder majority finds case difficult failed learn obvious lessons previous cases second majority seems think problems principle justice harlan struggled dissent desist supra unanswerable rule fails give benefits new constitutional ruling criminal defendants whose cases pending appeal time announcement problems new believe adequately answered justice brennan stovall majority approach however resolve theoretical problems simply draws necessarily arbitrary line somewhat different place previously settled upon anything less full retroactivity necessarily appear unjust instances provide different treatment similarly situated individuals majority recognizes vagaries appellate process cause problem reappear proposed rule even approach may unavoidable similarly situated defendants treated differently ante previously held best way deal problem inherent arbitrariness abide substantive principles outlined stovall majority makes better suggestion today fooling believes proposal reasoned response problem arbitrariness rather exercise insubstantiality majority analysis proposal well illustrated conclusion despite appearance resolved difficult problem apparent injustice rule partial retroactivity announces end decision today applies decisions construing fourth amendment asserts disturbing retroactivity precedents ante returns abstract procedural approach substantive rule law issue two problems however first connection analysis conclusion second important already perfectly good rule resolving retroactivity problems involving fourth amendment accordingly dissent see also noted also relied heavily factors extent reliance consequent burden administration justice purpose rule question clearly favor either retroactivity prospectivity