Does the exclusionary rule of search and seizure affect the educational impact of such education?

MultiRegion, United States of America

The following excerpt is from McPhail v. Warden, Attica Correctional Facility, 707 F.2d 67 (2nd Cir. 1983):

2 The additional contribution, if any, of the consideration of search-and-seizure claims of state prisoners on collateral review is small in relation to the costs. To be sure, each case in which such claim is considered may add marginally to an awareness of the values protected by the Fourth Amendment. There is no reason to believe, however, that the overall educative effect of the exclusionary rule would be appreciably diminished if search-and-seizure claims could not be raised in federal habeas corpus review of state convictions. Nor is there reason to assume that any specific disincentive already created by the risk of exclusion of evidence at trial or the reversal of convictions on direct review would be enhanced if there were the further risk that a conviction obtained in state court and affirmed on direct review might be overturned in collateral proceedings often occurring years after the incarceration of the defendant. The view that the deterrence of Fourth Amendment violations would be furthered rests on the dubious assumption that law enforcement authorities would fear that federal habeas review might reveal flaws in a search or seizure that went undetected at trial and on appeal. Even if one rationally could assume that some additional incremental deterrent effect would be present in isolated cases, the resulting advance of the legitimate goal of furthering Fourth Amendment rights would be outweighed by the acknowledged costs to other values vital to a rational system of criminal justice.

Stone v. Powell, supra, 428 U.S. at 493-94, 96 S.Ct. at 3051-52 (footnotes omitted).

Other Questions


What is the exclusionary rule in search and seizure cases involving telephonic search warrant procedures? (MultiRegion, United States of America)
Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
What is the burden of proof for a plaintiff to prove that a police officer violated their right to search and search in search and seizure? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
What is the test for a search and seizure under the search warrant? (MultiRegion, United States of America)
What is the test for a police search and seizure of electronic equipment by officers during a search of a man's home? (MultiRegion, United States of America)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
Does a search conducted by a private search warrant result in unlawful seizure of heroin? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.