Law Commons^™

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …