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West Virginia University

Evidence

Fourth Amendment

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Full-Text Articles in Law

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 …


Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor Oct 2005

Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor

Law Faculty Scholarship

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.


Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M. Apr 1924

Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.

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.