Davis v. Mississippi (394 U.S. 721)/Dissent Stewart

by Potter Stewart

United States Supreme Court

394 U.S. 721

Davis  v.  Mississippi

 Argued: Feb. 26 and 27, 1969. --- Decided: April 22, 1969

Mr. Justice STEWART, dissenting.

I do not disagree with the Court's conclusion that the petitioner was arrested and detained without probable cause. But it does not follow that his fingerprints were inadmissible at the trial.

Fingerprints are not 'evidence' in the conventional sense that weapons or stolen goods might be. Like the color of a man's eyes, his height, or his very physiognomy, the tips of his fingers are an inherent and unchanging characteristic of the man. And physical impressions of his fingertips can be exactly and endlessly reproduced.

We do not deal here with a confession wrongfully obtained or with property wrongfully seized-so tainted as to be forever inadmissible as evidence against a defendant. We deal, instead, with 'evidence' that can be identically reproduced and lawfully used at any subsequent trial. #fn-s-s ^[1]

I cannot believe that the doctrine of Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, requires so useless a gesture as the reversal of this conviction.

Notes

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