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Full-Text Articles in Evidence

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward Sep 2021

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward

West Virginia Law Review

When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …


Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky Jan 2021

Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky

Seattle University Law Review

This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.

We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to …


Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon Jan 2017

Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon

Georgia Law Review

The FourthAmendment's exclusionary rule requires that
criminal courts suppress evidence obtained as a result of
an unconstitutionalsearch or seizure. The Supreme Court
has repeatedly stated that suppression is purely
regulatory, not remedial. Its only purpose is to deter
future police misconduct, not to remedy past privacy or
liberty harms suffered by the defendant. Exclusion, in
other words, is for the benefit of community members who
might, sometime in the future, be subject to police
misconduct like that endured by the defendant.
Exclusion's regulatory purpose would be greatly aided if
criminal courts could identify when a suppression motion
involved Fourth Amendment …


Dna Storage Banks: The Importance Of Preserving Dna Evidence To Allow For Transparency And The Preservation Of Justice, Cristina Martin Jul 2015

Dna Storage Banks: The Importance Of Preserving Dna Evidence To Allow For Transparency And The Preservation Of Justice, Cristina Martin

Chicago-Kent Law Review

What is the duty to preserve information in today’s society? In order for humanity to evolve, change and flourish in the future, society needs to preserve its information from the past. In the criminal justice field, preservation of evidence has special significance. DNA evidence in particular has become a helpful aid for innocent defendants who have been improperly imprisoned. Over the past twenty years, the number of exonerations of imprisoned criminal defendants has increased dramatically. With the advancement of technology, old, previously untestable or improperly tested DNA evidence will need to be retested. However, most states do not have proper …


Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein Jan 2015

Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein

Loyola of Los Angeles Law Review

No abstract provided.


The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner Jan 2014

The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner

SMU Law Review

Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence obtained unlawfully by the government is generally inadmissible in criminal trials) as part of broader legal reforms. Democratizing countries have adopted exclusionary rules even though they are not required to do so by any international treaty and there is no indication that there is widespread popular demand for such rules. This has occurred at a time when the rule has been weakened in the United …


Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince Aug 2012

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.


Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose Aug 2012

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.


Criminal Law, Marla Graff Decker, Stephen R. Mccullough Nov 2003

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard Nov 2002

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg Jan 1978

An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett Oct 1967

Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett

William & Mary Law Review

No abstract provided.


Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott May 1966

Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott

William & Mary Law Review

No abstract provided.


A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski Jan 1966

A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski

William & Mary Law Review

No abstract provided.


Abstracts Of Recent Cases, G. H. A. Apr 1959

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.


Evidence--Obtained By Unlawful Search--Admissibility To Discredit Defendant's Testimony, C. F. S. Jr. Jun 1954

Evidence--Obtained By Unlawful Search--Admissibility To Discredit Defendant's Testimony, C. F. S. Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--Evidence--Searches And Seizures, H. C. H. Apr 1923

Constitutional Law--Evidence--Searches And Seizures, H. C. H.

West Virginia Law Review

No abstract provided.