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[PDF] Top 20 The Exclusionary Rule and Police Perjury

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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

The Exclusionary Rule as a Symbol of the Rule of Law

The Exclusionary Rule as a Symbol of the Rule of Law

... of exclusionary rule adop- tions suggests that these rules are commonly introduced as part of mod- ern criminal procedure reforms during transitions to ...discipline police forces and are used to ... See full document

14

Corporate Criminal Prosecutions and the Exclusionary Rule

Corporate Criminal Prosecutions and the Exclusionary Rule

... is highly unlikely to arise in the corporate context. Not only is there no “body” to brutalize in the traditional sense, but also the types of crimes that corporations may have committed (while potentially very damaging) ... See full document

45

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

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

Is the Exclusionary Rule Dead?

Is the Exclusionary Rule Dead?

... when police follow existing law that is subsequently ...The police did not deliberately violate Fourth Amendment law, nor were they ...the police acted in “objectively reasonable reliance” on a case ... See full document

25

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

Evidence—Injunction—Extension of the Federal Exclusionary Rule

Evidence—Injunction—Extension of the Federal Exclusionary Rule

... Even if the decision is interpreted in an extremely narrow scope to mean that the federal injunction will issue against the offending federal agent only where he [r] ... See full document

5

State v. Brecht: Evolution or Offshoot of the Fourth Amendment Exclusionary Rule?

State v. Brecht: Evolution or Offshoot of the Fourth Amendment Exclusionary Rule?

... 13 The decision to apply the exclusionary rule, in both state and federal courts, represents the culmination of seventy-five years of judicial threshing of the prob[r] ... See full document

13

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

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

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

Recantation of Prejured Testimony

Recantation of Prejured Testimony

... Since the crime of perjury requires that the witness have willfully attempted to mislead, the completed crime rule must necessarily yield to an accused perjurer's showing that his false [r] ... See full document

15

Federal Tort Claims Act  An Alternative to the Exclusionary Rule, The

Federal Tort Claims Act An Alternative to the Exclusionary Rule, The

... The Tort Claims Act, as originally passed in 1946, does waive sovereign immunity and does create a judicial forum for a cause of action against the .government.95 But the last two sugges[r] ... See full document

23

How to Unpoison the Fruit  The Fourth Amendment and the Exclusionary Rule

How to Unpoison the Fruit The Fourth Amendment and the Exclusionary Rule

... Thus, where officers requested permission to search the defendant's car solely because an earlier illegal search of the car had disclosed the presence therein of highly incriminating mat[r] ... See full document

16

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

Good Faith and the Fourth Amendment: The Reasonable Exception to the Exclusionary Rule

Good Faith and the Fourth Amendment: The Reasonable Exception to the Exclusionary Rule

... A modern example is the federal civil rights section 1983 action which was specifically designed to provide a federal cause of action for violations of constitutional rights by state off[r] ... See full document

25

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

Some Legal Aspects of Hiss Case

Some Legal Aspects of Hiss Case

... SOME LEGAL ASPECTS OF THE HISS CASE* The Two-Witness Rule in Perjury Trials-Admissibility of Evidence of a Crime Barred by the Statute of LimitationsSecrecy of Jury Deliberations On Dece[r] ... See full document

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