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Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter

Michigan Law Review

Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …