Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Townes v. City of New York, 176 F.3d 138 (2nd Cir. 1999):

No Fourth Amendment value would be served if Townes, who illegally possessed firearms and narcotics, 6 reaps the financial benefit he seeks. Townes has already reaped an enormous benefit by reason of the illegal seizure and search to which he was subjected: his freedom, achieved by the suppression of evidence obtained in violation of the Fourth Amendment. That benefit to Townes is merely incidental to the purpose of suppression, which is to compel law enforcement compliance with the Fourth Amendment and thereby prevent the invasions of law-abiding citizens' privacy. See United States v. Calandra, 414 U.S. 338, 347, 94 S.Ct. 613, 619-20, 38 L.Ed.2d 561 (1974); see also United States v. Peltier, 422 U.S. 531, 536-39, 95 S.Ct. 2313, 2317-18, 45 L.Ed.2d 374 (1975). Now Townes seeks damages to compensate him for his conviction and time served, on top of the benefit he enjoys as a result of the suppression. That remedy would vastly overdeter police officers and would result in a wealth transfer that "is peculiar, if not perverse." Jeffries, supra, at 1475.

Other Questions


What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
What is the current state of the law on suppressing evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Can evidence obtained in violation of the Fourth Amendment be used in a criminal proceeding against the victim of an illegal search and seizure? (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)
In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
What is the test for admitting or denying evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
What is the test for inevitable discovery in the context of an appeal from an order suppressing evidence seized in violation of the Fourth Amendment? (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)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.