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Full-Text Articles in Law

Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah

Touro Law Review

No abstract provided.


Illegally Obtained Evidence, Norman B. Miller Jan 1961

Illegally Obtained Evidence, Norman B. Miller

Cleveland State Law Review

In this case the Supreme Court of the United States in a five to three decision revised its earlier thinking on the problem of evidence illegally obtained by State police officers in a State criminal case and held that evidence obtained through an illegal search and seizure is inadmissible in a state criminal trial even though the illegal means was used by other than Federal law enforcement officers. The author's original reaction to the decision was one of regret in that the court had decided this case when the precise issue on which it turned had been neither adequately argued …


Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed. Jun 1952

Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.

Michigan Law Review

It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …