The principles of the common law, standing alone, in my opinion compel the exclusion of third-party torture evidence as unreliable, unfair, offensive to ordinary standards of humanity and decency and incompatible with the principles which should animate a tribunal seeking to administer justice.

I have no doubt that the threshold [of suffering] may be crossed if a late applicant with no means and no alternative sources of support, unable to support himself is, by deliberate action of the state, denied shelter, food or the most basic necessities of life.

It is an old and cherished tradition of our country that everyone should be free to go about their business in the streets of the land, confident that they will not be stopped and searched by the police unless reasonably suspected of having committed a criminal offense.