Does the exclusionary rule apply in a motion to suppress evidence in a criminal trial in federal court when the evidence was solely the product of a state investigation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Pforzheimer, 826 F.2d 200 (2nd Cir. 1987):

We are presented here with the novel issue of whether the state or federal exclusionary rule should be applied in ruling on a motion to suppress evidence in a criminal trial in federal court when the evidence in question was solely the product of a state investigation. Appellant urges that we should apply state constitutional standards because the open fields search, the issuance and execution of the warrant, and the seizure of evidence were all conducted by Vermont authorities, without federal participation. Specifically, appellant argues that we should apply the exclusionary rule under the Vermont Constitution with respect to the search of an open field. The government contends that federal law should be applied to the prosecution of cases in federal court, and, therefore, that the open fields doctrine of Oliver v. United States, was properly applied in this case.

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