Francis A. Allen

The Exclusionary Rule in the American Law of Search and Seizure

The author is Professor of Law in the University of Chicago. Formerly a member of the law faculties of Northwestern and Harvard Universities, he served as Law Clerk to Mr. Chief Justice Vinson from 1946 to 1948. A frequent contributor to legal periodicals, as well as a prime mover in the drafting and adoption of the new Illinois Criminal Code, Professor Allen has served for a number of years as an Associate Editor of this Journal.-EDITOR.

Terry Sandalow: Mind and Man

My first encounter with Terry Sandalow occurred in a classroom at the University of Chicago in the fall of 1956. I had just joined that faculty, and Terry, a third-year student, was a member of my class in constitutional law. Early in the course I called on Terry to state the case that was the subject of the mornings discussion. He replied that he had not been able to read the assignment prior to class. The response did not come as a complete surprise since I was dimly aware that he was a member of the law review staff and very much aware of the malformation of law review culture that dictates a loss of face of any acolyte who reveals that he or she has had time to read a class assignment. The discussion had proceeded for a few minutes without Terrys participation when I observed his hand in the air. Perhaps it was curiosity that led me to admit him to the conversation despite his defalcation. If so, it was well rewarded. Terry made a cogent observation on one of the issues of the case, and from that time became deeply involved in all that was said. By the end of the session he was the leading participant. This incident (which I have related on prior occasions) I mention not simply to make the point that Terry is a charter member of my private Pantheon of ablest students observed in law school classrooms. He is certainly that, but the story also throws light on his subsequent career. It demonstrates how early in his intellectual development his penetrating analytic intelligence revealed itself, how quickly he was able to identify the critical issues of even unfamiliar problems, and a kind of intellectual verve characteristic of those committed to a life of the mind. At age twenty-two, Terry, however precocious, was not yet in full command of his powers. What is important about his subsequent development is not so much the honing and enlarging of his talents for rational thought and discourse, although this undoubtedly occurred. What is more important, I think, was the broadening of his knowledge and intellectual concerns. Rational powers can be focused narrowly or broadly. Terry, in his full maturity, has been able to widen the context of his thought and to appreciate the interconnections of circumstances