How have the exclusionary rule and pretrial motions to suppress evidence been interpreted in criminal law?

MultiRegion, United States of America

The following excerpt is from Application of Herald Co., 734 F.2d 93 (2nd Cir. 1984):

"When the Sixth Amendment was written, and for more than a century after that, no one could have conceived that the exclusionary rule and pretrial motions to suppress evidence would be part of our criminal jurisprudence. The authors of the Constitution, imaginative, farsighted, and perceptive as they were, could not conceivably have anticipated the paradox inherent in a judge-made rule of evidence that excludes undoubted truth from the truth-finding processes of the adversary system. Nevertheless, as of now, we are confronted not with a legal theory but with the reality of the unique strictures of the exclusionary rule, and they must be taken into account in this setting. To make public the evidence developed in a motion to suppress evidence, cf. Brewer v. Williams, 430 U.S. 387 [97 S.Ct. 1232, 51 L.Ed.2d 424] (1977), would, so long as the exclusionary rule is not modified, introduce a new dimension to the problem of conducting fair trials." Id. at 395-96, 99 S.Ct. at 2913-14.

Other Questions


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)
How have the courts interpreted the good faith exception to the exclusionary rule in denying a motion to suppress seized evidence? (MultiRegion, United States of America)
Is a plaintiff's failure to seek a motion to suppress evidence from his personal mobile phone ineffective because his counsel did not seek to suppress the evidence against him? (MultiRegion, United States of America)
What is the test for a motion to compel the Court to dismiss a motion alleging that a judge has improperly interpreted the interpretation of a statutory interpretation of an administrative determination? ("New York", United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process? (MultiRegion, United States of America)
What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Can a suppression motion be denied on the grounds that neither severability nor plain view doctrine support denial of the suppression motion? (MultiRegion, United States of America)
Can a suppression motion be denied on the grounds that neither severability nor plain view doctrine support denial of the suppression motion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.