In the 1912 case of Rosenthal v. People of the State of New York, the U.S Supreme Court upheld a conviction against Benjamin Rosenthal for running an illegal gambling operation in New York City. The defendant argued that his Fourth Amendment rights had been violated when police officers searched his premises without a warrant and seized evidence used to convict him. However, the court ruled that since he was conducting business openly as a public nuisance, there were no grounds for claiming an invasion of privacy or unlawful search and seizure under the Fourth Amendment. Furthermore, it was determined that any property used in violation of state laws could be confiscated by authorities without infringing upon constitutional protections against unreasonable searches and seizures.

In the dissenting opinion for Rosenthal v. People of the State of New York, it was argued that there was a violation of due process rights under the Fourteenth Amendment. The justice disagreed with the majority's decision to uphold Rosenthal's conviction on charges related to gambling and bookmaking activities because he believed that evidence used against him had been obtained through an unlawful search and seizure. He contended that this action violated his constitutional rights as protected by both state law and federal constitution. Furthermore, he criticized the court’s failure to suppress such unlawfully obtained evidence which would have otherwise led to a different outcome in trial proceedings.