Is the exclusion of evidence in a motion alleging improper search justified?

MultiRegion, United States of America

The following excerpt is from United States v. Weaver, 18-1697-cr (2nd Cir. 2021):

Courts are-and should be-guided by precedents. But the nature of precedents is that a case asserting an improper search and therefore seeking the exclusion of evidence is likely to be, on its facts, just a step from an earlier case in which police behavior was held to be justified and in which the evidence found was admitted. And even though we mouth the rule that any Fourth Amendment exception ought to be "jealously and carefully drawn," Jones v. United States, 357 U.S. 493, 499 (1958), we can't avoid the fact that the defendant before us seeks to exclude evidence that virtually always demonstrates guilt, combined frequently with dangerousness.

Other Questions


Is there any case law supporting the proposition that once a pat-down search has failed to produce any evidence of improper sexual conduct, and if so, when no evidence so far has been found, should the search continue? (MultiRegion, United States of America)
When a search warrant is used to search for evidence of drug dealing, can a defendant deny giving evidence that incriminating statements were made during the search? ("New York", United States of America)
What is the test for a motion to dismiss a motion alleging that the evidence relied on is newly discovered? (MultiRegion, United States of America)
What is the test for a motion for an evidentiary hearing regarding allegations that a jury improperly considered extrinsic evidence? (MultiRegion, United States of America)
Is a motion to suppress an allegation that the officers involved in the search and seizure of a vehicle during a traffic stop exceeded the scope of an investigatory search? (MultiRegion, United States of America)
Is there error in the district court's denial of Defendant's motion to suppress evidence recovered in a search, pursuant to a search warrant, of Room 113 of the Hotel? (MultiRegion, United States of America)
Can a court refuse to entertain a motion on a motion that alleges that the motionant was unaware of the relevant facts at the time it was brought? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
Is there any reason to deny a suppression motion concerning the physical evidence discovered in a search of a car found by a search warrant? (MultiRegion, United States of America)
Can a motion to suppress evidence obtained with an invalid search warrant be denied if the officers who obtained the evidence had a reasonable belief in its validity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.