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Full-Text Articles in Law
Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton
Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton
Michigan Law Review
Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …
Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas
Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas
Michigan Law Review
Federal officers arrested petitioner upon finding narcotics in an awning outside the window of E's apartment which petitioner was using as "a friend" of E. Charged with possession of contraband narcotics, petitioner moved to suppress the evidence claiming the warrant to search the apartment was issued to the officers without probable cause. The district court denied petitioner's motion on the ground that he lacked standing to make it. At trial a renewed motion to suppress was denied, and on appeal the Court of Appeals for the District of Columbia affirmed the ruling of the district court. On certiorari …
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Michigan Law Review
A Dayton, Ohio, city ordinance authorized housing inspectors to inspect any dwelling, without requiring a search warrant, for the purpose of safeguarding the public health and safety. Acting in compliance with the requirements of this ordinance, city housing inspectors requested admittance to appellant's home in order to conduct a health inspection. Appellant refused to permit the inspectors to enter and inspect his home without a search warrant, and was therefore arrested and confined for violating the ordinance. Discharge of appellant in habeas corpus proceedings was reversed by the Ohio Court of Appeals. On appeal to the United States Supreme Court, …