• No results found

[PDF] Top 20 Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule

Has 10000 "Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule" found on our website. Below are the top 20 most common "Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule".

Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule

Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule

... He may fulfill this duty by making objection in any search warrant proceeding, by moving before trial to suppress the evidence and return it to defendant, by obj[r] ... See full document

16

State Exclusionary Rule As a Deterrent Against Unreasonable Search and Seizure, The

State Exclusionary Rule As a Deterrent Against Unreasonable Search and Seizure, The

... 9 While the courts could readily forbid the admission of evidence illegally seized by federal officers on the grounds that the use of such evidence violated the policy of the state, they[r] ... See full document

11

The Exclusionary Rule:  An Ill Conceived and Ineffective Remedy

The Exclusionary Rule: An Ill Conceived and Ineffective Remedy

... Before 1900 there was as genuine a concern for human rights and civi liberties as there is today, but before 1900 illegally seized evidence was generally admissible in criminal proceedin[r] ... See full document

6

The Exclusionary Rule Under Foreign Law

The Exclusionary Rule Under Foreign Law

... in a case under the Code of Criminal Procedure of 1890, that the defendant's pocket notebook, illegally seized by a policeman, was lawfully received in evidence.1 In 1949 the Supreme Cou[r] ... See full document

22

The Exclusionary Rule: A Requirement of Constitutional Principle

The Exclusionary Rule: A Requirement of Constitutional Principle

... sions of tile fourth amendment.1 At the federal level, tile theory presented in this article in support of the exclusionary rule is as follows: certain types of violations of the fourth [r] ... See full document

20

The Good Faith Restatement of the Exclusionary Rule

The Good Faith Restatement of the Exclusionary Rule

... 9 7 In such cases, wrote Justice White, exclusion of seized evidence can have no deterrent effect: "the only consequence of the rule as presently administered is that unimpeachable and p[r] ... See full document

24

The Exclusionary Rule—The Illusion vs. the Reality

The Exclusionary Rule—The Illusion vs. the Reality

... The early origins of the exclusionary rule, in cases involving the question of the privacy of personal papers (and the right to their return) and mainly based up[r] ... See full document

19

Corporate Criminal Prosecutions and the Exclusionary Rule

Corporate Criminal Prosecutions and the Exclusionary Rule

... so-called exclusionary rule and its origins as a judicial doctrine that seeks to protect the rights granted under the Fourth ...exclusionary rule. None of the traditional justifications for ... See full document

45

Contempt of Court as an Alternative to the Exclusionary Rule

Contempt of Court as an Alternative to the Exclusionary Rule

... The contempt power of the federal courts has been statutorily restricted to three types of misbehavior.8 6 Police misconduct punishable as contempt under the present statute must fit und[r] ... See full document

34

Evidence: Best Evidence Rule

Evidence: Best Evidence Rule

... into evidence, meaning that the testimony violates the Best Evidence ...Best Evidence Rule Not Violated by Testimony Regarding Receipt Not Offered to Prove its ... See full document

41

Guilty Plea Negotiations and the Exclusionary Rule of Evidence:  A Case Study of Chicago Narcotics Courts

Guilty Plea Negotiations and the Exclusionary Rule of Evidence: A Case Study of Chicago Narcotics Courts

... In more serious felony cases, plea negotiation is handled by the supervisor."' Plea negotiations with the supervising state's attorney usually occur on the day in which the preliminary h[r] ... See full document

11

The Exclusionary Rule and Police Perjury

The Exclusionary Rule and Police Perjury

... ant District Attorney, who stated flatly that about five out of ten officers lie when they come into misdemeanor narcotics court and nearly everyone knows it. Ohio[r] ... See full document

42

Fourth Amendment  An Acceptable Erosion of the Exclusionary Rule

Fourth Amendment An Acceptable Erosion of the Exclusionary Rule

... Marshall asserted that the exclusionary rule is primarily designed to deter violations of the fourth amendment.13 3 Furthermore, he stated that the independent source and inevitable disc[r] ... See full document

30

Fourth Amendment  Illegal Searches and the Exclusionary Rule

Fourth Amendment Illegal Searches and the Exclusionary Rule

... First, the Court held that in this case, the degree of attenuation between the search and Hennessey's testimony at trial was sufficient to dissipate the taint of illegality.2 6 Second, i[r] ... See full document

6

The Exclusionary Rule in the American Law of Search and Seizure

The Exclusionary Rule in the American Law of Search and Seizure

... On the other hand, if the a silver platter-to federal officers and be admitted Fourth Amendment rights are defined more in a federal trial, so long as there was no federal narrowly than [r] ... See full document

10

Limiting Leon:  A Mistake of Law Analogy

Limiting Leon: A Mistake of Law Analogy

... The Court in Leon held that the "exclusionary rule should be modified so as not to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable re[r] ... See full document

40

Liberals, Conservatives, and the Exclusionary Rule

Liberals, Conservatives, and the Exclusionary Rule

... Clark states his view of the matter plainly: "The truth is that the courts and primarily the United States Supreme Court have done more to right wrong, to perfect the system, to speed th[r] ... See full document

36

The Exclusionary Rule and Misconduct by the Police

The Exclusionary Rule and Misconduct by the Police

... Cahan, in which the Supreme Court of California overturned a practice of many years standing and adopted the exclusionary rule: "Gerald Wooters, an officer attached to the intelligence u[r] ... See full document

12

Is the Exclusionary Rule Dead?

Is the Exclusionary Rule Dead?

... It should be noted, however, that just because a case involves a warrant does not necessarily exempt all evidence from exclusion. Leon set forth at least five situations in which evidence would be excluded ... See full document

25

The Use of Illegally Obtained Evidence to Rebut the Insanity Defense: A New Exception to the Exclusionary Rule

The Use of Illegally Obtained Evidence to Rebut the Insanity Defense: A New Exception to the Exclusionary Rule

... In jurisdictions placing the burden of proof for insanity on the defendant, guilt is established separately from proof of sanity; proof of insanity does not negate the mens rea necessary[r] ... See full document

38

Show all 10000 documents...