Cite as: 510 U. S. 266 (1994)
Stevens, J., dissenting
conclude, his due process claim can be rejected in its entirety and without further consideration.
In my opinion, this approach places undue weight on the label petitioner has attached to his claim.17 The Fourteenth Amendment contains only one Due Process Clause. Though it is sometimes helpful, as a matter of doctrine, to distinguish between substantive and procedural due process, see Daniels v. Williams, 474 U. S. 327, 337-340 (1986) (Stevens, J., concurring in judgments), the two concepts are not mutually exclusive, and their protections often overlap.
Indeed, the Fourth Amendment, upon which the plurality principally relies, provides both procedural and substantive protections, and these protections converge. When the Court first held that the right to be free from unreasonable official searches was "implicit in 'the concept of ordered liberty,' " and therefore protected by the Due Process Clause of the Fourteenth Amendment, Wolf v. Colorado, 338 U. S. 25, 27-28 (1949), it refused to require the States to provide the procedures accorded in federal trials to protect that right.18 Id., at 28-33. Significantly, however, when we overruled the procedural component of that decision in Mapp v. Ohio, 367 U. S. 643 (1961), we made it clear that we were "extending the substantive protections of due process to all constitutionally unreasonable searches—state or federal . . . ." Id., at 655 (emphasis added).
Moreover, in Winship, we found it unnecessary to clarify whether our holding rested on substantive or procedural due process grounds; it was enough to say that the "Due
17 In any event, it should be noted that in presenting his question for review, petitioner invokes the Due Process Clause generally, without reference to "substantive" due process. See Pet. for Cert. i.
18 Our refusal in Wolf to require States to adopt a federal rule of procedure—the exclusionary rule—paralleled our earlier refusal in Hurtado to require States to adopt a federal rule of procedure—the grand jury process for ascertaining probable cause. Nevertheless, both cases recognized that the Fourteenth Amendment protected the substantive rights as implicit in the concept of ordered liberty.
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