bumper north carolina argued decided june petitioner tried rape north carolina offense punishable death unless jury recommends life imprisonment prosecution permitted challenge cause prospective jurors stated opposed capital punishment conscientious scruples imposing death penalty rifle introduced trial obtained search petitioner grandmother house resided four officers appeared home announced warrant search told owner ahead hearing motion suppress denied prosecutor stated rely warrant justify search consent jury found petitioner guilty recommended life imprisonment state affirmed held petitioner adduced evidence support claim jury opposed capital punishment conscientious scruples imposing death penalty excluded cause necessarily prosecution prone warranting reversal conviction denial sixth fourteenth amendment rights impartial jury witherspoon illinois ante search justified lawful basis consent consent given official conducting search asserted possesses warrant consent circumstances pp rifle erroneously admitted evidence plainly damaging petitioner admission harmless error chapman california norman smith argued cause filed briefs petitioner pro hac vice harry mcgalliard deputy attorney general north carolina argued cause respondent brief bruton attorney general briefs amici curiae filed jack greenberg james nabrit iii michael meltsner leroy clark norman amaker charles ralston naacp legal defense educational fund et lee bailey pro se justice stewart delivered opinion petitioner brought trial north carolina upon charge rape offense punishable state death unless jury recommends life imprisonment among items evidence introduced prosecution trial rifle allegedly used commission crime jury found petitioner guilty recommended sentence life imprisonment trial imposed sentence north carolina affirmed judgment granted certiorari consider two separate constitutional claims pressed unsuccessfully petitioner throughout litigation north carolina courts first petitioner argues constitutional right impartial jury violated capital case prosecution permitted challenge cause prospective jurors stated opposed capital punishment conscientious scruples imposing death penalty secondly petitioner contends rifle introduced evidence obtained state search seizure violative fourth fourteenth amendments ii hearing motion prosecutor informed rely upon warrant justify search upon consent leath testified hearing stating among things four came busy work walked house one walked said search warrant search house walked told come come said warrant search house read nothing told come go ahead search went work concerned satisfied told search warrant read tell search warrant said law search warrant search house thought go ahead believed search warrant took word seen yard got door opened time know grandson charged crime nobody told anything tell anything picked like tell nothing grandson issue thus presented whether search justified lawful basis consent consent given official conducting search asserted possesses warrant hold consent circumstances prosecutor seeks rely upon consent justify lawfulness search burden proving consent fact freely voluntarily given burden discharged showing acquiescence claim lawful authority search conducted reliance upon warrant later justified basis consent turns warrant invalid result different turns state even attempt rely upon validity warrant fails show fact warrant law enforcement officer claims authority search home warrant announces effect occupant right resist search situation instinct coercion albeit colorably lawful coercion coercion consent hold leath consent search constitutional error admit rifle evidence petitioner mapp ohio rifle plainly damaging evidence petitioner respect three charges admission trial harmless error chapman california judgment north carolina accordingly reversed case remanded proceedings inconsistent opinion ordered footnotes petitioner also convicted upon two charges felonious assault sentenced consecutive prison terms submit affidavits north carolina referring studies wilson goldberg see witherspoon illinois ante made findings respect studies mention opinion addition materials mentioned witherspoon ante petitioner brief cites unpublished dissertation crosson investigation certain personality variables among capital trial jurors western reserve university january involving sample jurors ohio motion says property seized hattie leath without search warrant question going search warrant cooper state relying search warrant stating record cooper yes sir also testified another point objection making search house willing let look room drawer house wanted nobody threatened anything nobody told going hurt let search house nobody told give money let search let search free nobody forced give free look felt like boy guilty finds evidence hattie leath clear convincing nature said hattie leath voluntarily consented search premises particularly set forth evidence consent specifically given result coercion officers also stated fact search reveal presence guilty weapon justifies search petitioner rights violated rather wrongs detected idea search justified turns long ago rejected constitutional jurisprudence search prosecuted violation constitution made lawful brings light byars see also di henry leath owned house rifle petitioner concedes voluntary consent search binding upon conversely question petitioner standing challenge lawfulness search one search directed jones house searched home rifle used members household found common part house wren simmons bomar judd app kovach see amos johnson higgins app marra mackenzie robbins supp orderly submission officers effect represented defendant authority enter search house necessary consent constituted understanding intentional voluntary waiver defendant fundamental rights fourth amendment constitution elliott supp one held consented search premises accomplished pursuant apparently valid search warrant contrary legal effect consent basis warrant permission construed intention abide law resist search warrant rather invitation search bull armstrong one upon command officer authorized enter search seize search warrant opens door officer acquiesces obedience request matter language used acquiescence showing regard supremacy law presentation search warrant charge place searched one authorized serve tinged coercion submission thereto considered invitation waive constitutional right unreasonable searches seizures rather considered submission law meno state ind course argument case advised searching officers fact warrant warrant ever returned way knowing conditions issued determining whether based upon probable cause suggested dissent ven assuming consent search rifle admitted evidence conviction stand suggestion seems rest horrible facts case assumption petitioner guilty function determine innocence guilt much less apply subjective notions justice duty uphold constitution view discursive factual recital contained dissenting opinion however additional word may order doubt crimes grave shocking doubt petitioner perpetrator crimes committed night first victims separately viewed lineup included petitioner victims identified man assailant man petitioner later victims together viewed another lineup every man lineup made speak name voice identification time victims identified petitioner assailant time lineups local newspaper reported man named wayne bumper held sheriff prime suspect case least one victims knew fact earlier victims shown collection photographs one victim identified picture petitioner petitioner name written back photograph justice douglas joins part ii opinion since however record shows prospective jurors excused cause opposition capital punishment also reverse ground petitioner denied right trial issue guilt jury representing fair community witherspoon illinois ante separate opinion north carolina law rape punishable death unless jury recommends life imprisonment stat indictment rape includes lesser offense assault intent commit rape duty submit jury lesser degrees offense rape supported evidence state green see stat include assault intent commit rape range punishment one years imprisonment stat assault stat instant case trial judge fact charge jury respect lesser offenses justice harlan concurring join judgment part ii opinion prompted add brief note share sure every member majority justice black abhorrence brutal crime petitioner stands convicted avoid misapprehension wish make perfectly clear reversal conviction penalty imposed state infringement federal constitutional rights reversal results always decision petitioner constitutionally proved guilty hence legally valid basis imposition penalty upon determining whether criminal defendant convicted according law test simply whether finds credible evidence crediting discrediting evidence function trier fact case jury jury verdict lawful verdict however based upon evidence constitutionally admissible reversal rests oldest fundamental principle criminal jurisprudence defendant entitled put prosecution lawful proof evidence petitioner consisted part gun alleged unlawfully taken home leath petitioner living state contended leath consented search home however consent obtained immediately sheriff told leath search warrant lawful right enter home without consent nothing leath said response announcement taken mean considered officers welcome home without warrant done sheriff said warrant record hypothetical question imaginary situation leath never faced course officers valid search warrant consent required make search lawful search warrant case remains possible warrant issued circumstances meeting requirements federal constitution consequently situation state simply chosen wrong line constitutional analysis search vote remand case give prosecution opportunity justify search proper grounds however noted prosecution explicitly repeatedly renounced reliance warrant like parties lawsuits prosecutor obligation courts including parties present claims earliest appropriate time create adequate record cf ciucci illinois separate note justice frankfurter justice harlan finally persuaded admission gun harmless error vote affirm persuaded arguably harmless error vote remand case state consideration point question whether view defendant actually committed crimes charged error harmless sense petitioner got deserved question whether error said petitioner guilt adjudicated basis constitutionally admissible evidence means case whether properly admissible evidence improper admission gun affected result think said critical question identity perpetrator crimes state introduced eyewitness identification petitioner two victims gun evidence victims shot together testimony found petitioner place abode jury course found testimony victims credible beyond reasonable doubt convicted petitioner basis alone might well addition tangible linking petitioner crime hardly said judicial vantage point harmless surplusage justice black dissenting ii tell search warrant know sheriff stockard paying much attention told stockard come porch go ahead look house objection making search house willing let look room drawer house wanted nobody threatened anything nobody told going hurt let search house nobody told give money let search let search free nobody forced emphasis added despite statements leath cited despite clear finding consent trial judge personally saw heard leath testify refusing accept leath sworn testimony freely consent overruling trial judge findings concludes consent believe substitute believes leath said actually said free accept believe unwarranted conclusion iii clear beyond shadow doubt defendant committed crimes charged believe enforce per se rule automatically requiring new trial every case concludes part evidence obtained unreasonable search seizure primary reason exclusionary rule adopted deter unreasonable searches seizures violation fourth amendment mapp ohio see concurring opinion believe deterrence desired served adequately without blind adherence mechanical formula requires automatic reversal every case exclusionary rule violated little known effect exclusionary rule really actual police practices think fair assumption refusal reverse conviction defendant admission illegally seized evidence evidence conclusively demonstrates guilt going lessen police sensitivity exclusionary rule thereby reducing deterrent effect obviously time search carried police going know whether evidence hope obtain going necessary prosecution case course know necessary search needed thus effect automatically reversing cases violation exclusionary rule allow state convictions obviously guilty defendants stand stand iv see ante see ante see stat imposed additional sentences years imprisonment run consecutively two felonious assault charges leath voluntary consent sufficient validate search since owned house searched rifle taken also noted rifle found petitioner private room part house assigned kitchen behind door leath owned house living throughout questioning repeatedly referred house see commonwealth tucker mass case mother consented officers looking broken pieces knife used murder search home found officers went door house tucker resided stated mother outside door house search warrant search article named therein invited officers make search desired saying knew son innocent thereupon officers made search upon warrant consequence invitation knife blade admitted contention barred fourth fourteenth amendments finding follows finds evidence hattie leath clear convincing nature said hattie leath voluntarily consented search premises particularly set forth evidence consent specifically given result coercion officers facts testimony must remembered jury selected way witherspoon holds designed produce hanging jury recommended life sentence petitioner opinion attempts convey impression victims sure assailant identification alleged mistake police lineup see majority opinion completely overlooks fact however bumper arrested victims idea attacker name girl still hospital identified bumper picture number others young man also identified bumper picture days lineup held girl went lineup first time confessed scared look men made real attempt identification forgotten testified positively oath trial mind certain bumper assailant nothing really dissuade made mind know provides appellate jurisdiction may affirm modify vacate set aside reverse judgment decree order lawfully brought review may remand cause direct entry appropriate judgment decree order require proceedings may circumstances emphasis added justice white dissenting consent search given occupant told police officers warrant search seems reasonable fourth amendment purposes view consent conditioned valid warrant absent clear proof consent actually unconditional evidence record show unconditional consent sufficient clarity perhaps result cases mean every search following conditional consent invalid upon motion suppress upon objection evidence offered trial state produces valid warrant search good reason exclude evidence simply police time search relied consent neither served returned warrant case us state represented warrant challenged search unlike justice harlan brush matter aside since existence validity warrant determined state courts case ripe reversal affirmance therefore reverse vacate conviction returning case state courts determination validity warrant absence probable cause reason warrant proper predicate search mapp ohio require reversal conviction unless saved rule chapman california course determined grandmother consent good petitioner standing raise validity search unnecessary deal issues argued determined case