Albright v. Oliver, 510 U.S. 266, 8 (1994)

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Cite as: 510 U. S. 266 (1994)

Opinion of Rehnquist, C. J.

25 (1949), and holding the Fourth Amendment's exclusionary rule applicable to the States; Malloy v. Hogan, 378 U. S. 1 (1964), overruling Twining v. New Jersey, 211 U. S. 78 (1908), and holding the Fifth Amendment's privilege against self-incrimination applicable to the States; Benton v. Maryland, 395 U. S. 784 (1969), overruling Palko v. Connecticut, 302 U. S. 319 (1937), and holding the Double Jeopardy Clause of the Fifth Amendment applicable to the States; Gideon v. Wainwright, 372 U. S. 335 (1963), overruling Betts v. Brady, 316 U. S. 455 (1942), and holding that the Sixth Amendment's right to counsel was applicable to the States. See also Klopfer v. North Carolina, 386 U. S. 213 (1967) (Sixth Amendment speedy trial right applicable to the States); Washington v. Texas, 388 U. S. 14 (1967) (Sixth Amendment right to compulsory process applicable to the States); Duncan v. Louisiana, 391 U. S. 145 (1968) (Sixth Amendment right to jury trial applicable to the States).

This course of decision has substituted, in these areas of criminal procedure, the specific guarantees of the various provisions of the Bill of Rights embodied in the first 10 Amendments to the Constitution for the more generalized language contained in the earlier cases construing the Fourteenth Amendment. It was through these provisions of the Bill of Rights that their Framers sought to restrict the exercise of arbitrary authority by the Government in particular situations. Where a particular Amendment "provides an explicit textual source of constitutional protection" against a particular sort of government behavior, "that Amendment, not the more generalized notion of 'substantive due process,' must be the guide for analyzing these claims." Graham v. Connor, supra, at 395.6

6 Justice Stevens' dissent faults us for ignoring, inter alia, our decision in In re Winship, 397 U. S. 358 (1970). Winship undoubtedly rejected the notion that all of the required incidents of a fundamentally fair trial were to be found in the provisions of the Bill of Rights, but it did so as a matter of procedural due process: " 'This notion [that the government must prove

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