U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

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
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