STANDARD FOR THE SUPPRESSION OF EVIDENCE UNDER THE SUPREME COURT'S SUPERVISORY POWER

• NCJ Number: 41094
• Journal: Cornell Law Review Volume: 62 Issue: 2 Dated: (JANUARY 1977) Pages: 364-400
• Author(s): E H DOPPELT; J A KARACZYNSKI
• Date Published: 1977
• Length: 37 pages
• Corporate Author: Cornell University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THIS NOTE DISCUSSES THE PROPER EXERCISE OF FEDERAL SUPERVISORY POWER WHERE EVIDENCE HAS BEEN OBTAINED IN VIOLATION OF STATE LAW AND A FEDERAL COURT MUST RULE UPON A MOTION TO SUPPRESS.

Abstract

THE AUTHORS EXAMINE US SUPREME COURT CASE LAW ESTABLISHING STANDARDS FOR SUPPRESSION THAT DIFFER ACCORDING TO THE DISTINCTION BETWEEN THE ACT OF ARREST AND THAT OF SEARCH AND SEIZURE. AN ARGUMENT IS ADVANCED THAT THIS DISTINCTION IS MEANINGLESS AND A SCHEME THAT WOULD DISTINGUISH BETWEEN STATE AND FEDERAL LAW ENFORCEMENT ACTIVITY IS SUGGESTED AS A MORE RATIONAL WAY OF FURTHERING THE GOALS OF CRIME CONTROL, DETERRENCE, AND FEDERALISM.(AUTHOR ABSTRACT MODIFIED)...EB