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1961

Criminal Procedure

Illegal search and seizure

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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 …