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Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Michigan Law Review
We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …
Judge And The Crime Burden, John Barker Waite
Judge And The Crime Burden, John Barker Waite
Michigan Law Review
One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.
Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.
Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.
Michigan Law Review
Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …
Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite
Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite
Michigan Law Review
In McNabb v. United States the Supreme Court promulgated novel judicial legislation, the gist of which is that confessions or admissions of crime made while the accused is in custody without having been brought before a magistrate as required by law are inadmissible in evidence. That judicial pronouncement assumed that the utterances were made without compulsion, and prohibited their use solely because at the time they were made the officers of justice were themselves disregarding the law-the procedural requirement that persons arrested be taken immediately before a magistrate. In Justice Frankfurter's phrase, "a conviction resting on evidence secured through such …