In Dunlap v. United States (1898), the U.S Supreme Court ruled on a case involving an individual named Dunlap who was convicted of murder in Alaska, which at that time was not yet a state but rather a district. The main issue revolved around whether or not the laws of Oregon were extended to and enforceable in Alaska by virtue of certain legislation passed by Congress. In its decision, the court held that only those laws specifically mentioned or necessarily implied were extended to Alaska, and as such, it did not include all Oregon's statutes wholesale. Therefore, since there wasn't any specific law under which Dunlap could have been tried for murder within Alaska’s jurisdiction during his conviction period; hence his indictment should be dismissed due to lack of legal authority for prosecution.

In the dissenting opinion for Dunlap v. United States, it was argued that the majority's decision to uphold a conviction based on evidence obtained through an unlawful search and seizure violated the Fourth Amendment rights of the defendant. The dissenting justices believed that any evidence obtained in such a manner should be deemed inadmissible in court as it is tainted by its illegal acquisition. They contended that allowing such evidence would essentially condone violations of constitutional rights by law enforcement officials, thereby undermining civil liberties and eroding public trust in legal institutions. Furthermore, they expressed concern about setting a dangerous precedent where police misconduct could go unpunished if it leads to successful convictions.