FEDERAL HABEAS CORPUS AND FOURTH AMENDMENT CLAIMS

• NCJ Number: 40108
• Journal: Albany Law Review Volume: 41 Issue: 1 Dated: (1977) Pages: 172-186
• Author(s): G A GATES
• Date Published: 1977
• Length: 15 pages
• Corporate Author: Union University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE EXTENT OF FEDERAL HABEAS CORPUS RELIEF AVAILABLE TO STATE PRISONERS ALLEGING FOURTH AMENDMENT CLAIMS, IN LIGHT OF RECENT SUPREME COURT DECISIONS.

Abstract

IN THE DECISIONS OF STONE V. POWELL AND WOLFF V. RICE (1976), THE SUPREME COURT HELD THAT IF A STATE HAS PROVIDED AN OPPORTUNITY FOR FULL AND FAIR LITIGATION OF A FOURTH AMENDMENT CLAIM, A STATE PRISONER MAY NOT BE GRANTED FEDERAL HABEAS CORPUS RELIEF ON THE GROUNDS THAT EVIDENCE UNCONSTITUTIONALLY SEIZED WAS INTRODUCED AT HIS TRIAL. THE AUTHOR ANALYZES THE PRECEDENT AND BACKGROUND OF THESE DECISIONS BY REVIEWING THE DEVELOPMENT OF THE FOURTH AMENDMENT PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES, THE EXCLUSIONARY RULE, AND THE COLLATERAL REMEDY OF HABEAS CORPUS...MSP