Studying the Exclusionary Rule in Search and Seizure Dallin H
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Chapter 968 Commencement of Criminal Proceedings
Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. September 17, 2021. 1 Updated 19−20 Wis. Stats. COMMENCEMENT OF CRIMINAL PROCEEDINGS 968.01 CHAPTER 968 COMMENCEMENT OF CRIMINAL PROCEEDINGS 968.01 Complaint. 968.28 Application for court order to intercept communications. 968.02 Issuance and filing of complaints. 968.29 Authorization for disclosure and use of intercepted wire, electronic or oral 968.03 Dismissal or withdrawal of complaints. communications. 968.04 Warrant or summons on complaint. 968.30 Procedure for interception of wire, electronic or oral communications. 968.05 Corporations or limited liability companies: summons in criminal cases. 968.31 Interception and disclosure of wire, electronic or oral communications 968.06 Indictment by grand jury. prohibited. 968.07 Arrest by a law enforcement officer. 968.32 Forfeiture of contraband devices. 968.073 Recording custodial interrogations. 968.33 Reports concerning intercepted wire or oral communications. 968.075 Domestic abuse incidents; arrest and prosecution. 968.34 Use of pen register or trap and trace device restricted. 968.08 Release by law enforcement officer of arrested person. 968.35 Application for an order for a pen register or a trap and trace device. 968.085 Citation; nature; issuance; release of accused. 968.36 Issuance of an order for a pen register or a trap and trace device. 968.09 Warrant on failure to appear. 968.37 Assistance in the installation and use of a pen register or trap and trace 968.10 Searches and seizures; when authorized. device. 968.11 Scope of search incident to lawful arrest. 968.373 Warrant to track a communications device. -
Investigation of a Criminal Offense Part 1: Initiation, Suspension, and Discontinuation of a Criminal Investigation General Commentary
153 Chapter 8: Investigation of a Criminal Offense Part 1: Initiation, Suspension, and Discontinuation of a Criminal Investigation General Commentary Under the MCCP, the initiation, suspension, and discontinuation of a criminal inves- tigation carry specific requirements to make them official. This is not the practice in every state around the world. In states that do require an official action, the require- ments are often based on a more strict interpretation of the principle of legality, entail- ing that each stage has a specific legal meaning. To initiate, suspend, or discontinue an investigation, one requirement is the issuance of a written decision, on which a high premium is placed in many states. The drafters of the Model Codes concluded that, in the context of the MCCP, a similarly high premium should be placed on both the prin- ciple of legality and the requirement of written decisions as a means of ensuring that the actions taken in the course of the investigation will be properly recorded. In many post-conflict states, investigation records have not been properly maintained and files have been lost. Consequently, a suspect could sit in detention awaiting trial while the office of the prosecutor and the prison have little or no information about the suspect. This problem could lead to a gross impingement of the suspect’s fundamental human rights, such as the right to trial without undue delay (Article 63), and inadvertently contribute to prison overcrowding, another feature of many post-conflict states. It is therefore imperative that significant attention be given to the issue of record keeping in the course of the criminal investigation. -
Fourth Amendment--Requiring Probable Cause for Searches and Seizures Under the Plain View Doctrine Elsie Romero
Journal of Criminal Law and Criminology Volume 78 Article 3 Issue 4 Winter Winter 1988 Fourth Amendment--Requiring Probable Cause for Searches and Seizures under the Plain View Doctrine Elsie Romero Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Elsie Romero, Fourth Amendment--Requiring Probable Cause for Searches and Seizures under the Plain View Doctrine, 78 J. Crim. L. & Criminology 763 (1987-1988) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/88/7804-763 THE JOURNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 78, No. 4 Copyright @ 1988 by Northwestern University, School of Law Printed in U.S.A. FOURTH AMENDMENT-REQUIRING PROBABLE CAUSE FOR SEARCHES AND SEIZURES UNDER THE PLAIN VIEW DOCTRINE Arizona v. Hicks, 107 S. Ct. 1149 (1987). I. INTRODUCTION The fourth amendment to the United States Constitution pro- tects individuals against arbitrary and unreasonable searches and seizures. 1 Fourth amendment protection has repeatedly been found to include a general requirement of a warrant based on probable cause for any search or seizure by a law enforcement agent.2 How- ever, there exist a limited number of "specifically established and -
Inter-American Court of Human Rights
INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF FERNÁNDEZ PRIETO AND TUMBEIRO V. ARGENTINA JUDGMENT OF SEPTEMBER 1, 2020 (Merits and reparations) In the case of Fernández Prieto and Tumbeiro v. Argentina, the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), composed of the following judges:* Elizabeth Odio Benito, President L. Patricio Pazmiño Freire, Vice President Eduardo Vio Grossi, Judge Humberto Antonio Sierra Porto, Judge Eduardo Ferrer Mac-Gregor Poisot, Judge, and Ricardo Pérez Manrique, Judge, also present, Pablo Saavedra Alessandri, Secretary,** pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) and Articles 31, 32, 42, 65 and 67 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure” or “ the Court’s Rules of Procedure”), delivers this judgment which is structured as follows: * Judge Eugenio Raúl Zaffaroni, an Argentine national, did not take part in the deliberation or signature of this judgment, in accordance with the provisions of Article 19(1) and (2) of the Court’s Rules of Procedure. ** The Deputy Secretary, Romina I. Sijniensky, did not participate in the processing of this case, or in the deliberation and signature of this judgment. TABLE OF CONTENTS I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 3 II PROCEEDINGS BEFORE THE COURT 4 III JURISDICTION 6 IV ACKNOWLEDGEMENT OF RESPONSIBILITY 6 A. Observations of the parties and of the Commission 6 B. Considerations of the Court 7 V EVIDENCE 9 A. Admissibility of the documentary evidence 9 B. -
POLICING REFORM in AFRICA Moving Towards a Rights-Based Approach in a Climate of Terrorism, Insurgency and Serious Violent Crime
POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, Mutuma Ruteere & Simon Howell POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, University of Jos, Nigeria Mutuma Ruteere, UN Special Rapporteur, Kenya Simon Howell, APCOF, South Africa Acknowledgements This publication is funded by the Ford Foundation, the United Nations Development Programme, and the Open Societies Foundation. The findings and conclusions do not necessarily reflect their positions or policies. Published by African Policing Civilian Oversight Forum (APCOF) Copyright © APCOF, April 2018 ISBN 978-1-928332-33-6 African Policing Civilian Oversight Forum (APCOF) Building 23b, Suite 16 The Waverley Business Park Wyecroft Road Mowbray, 7925 Cape Town, ZA Tel: +27 21 447 2415 Fax: +27 21 447 1691 Email: [email protected] Web: www.apcof.org.za Cover photo taken in Nyeri, Kenya © George Mulala/PictureNET Africa Contents Foreword iv About the editors v SECTION 1: OVERVIEW Chapter 1: Imperatives of and tensions within rights-based policing 3 Etannibi E. O. Alemika Chapter 2: The constraints of rights-based policing in Africa 14 Etannibi E.O. Alemika Chapter 3: Policing insurgency: Remembering apartheid 44 Elrena van der Spuy SECTION 2: COMMUNITY–POLICE NEXUS Chapter 4: Policing in the borderlands of Zimbabwe 63 Kudakwashe Chirambwi & Ronald Nare Chapter 5: Multiple counter-insurgency groups in north-eastern Nigeria 80 Benson Chinedu Olugbuo & Oluwole Samuel Ojewale SECTION 3: POLICING RESPONSES Chapter 6: Terrorism and rights protection in the Lake Chad basin 103 Amadou Koundy Chapter 7: Counter-terrorism and rights-based policing in East Africa 122 John Kamya Chapter 8: Boko Haram and rights-based policing in Cameroon 147 Polycarp Ngufor Forkum Chapter 9: Police organizational capacity and rights-based policing in Nigeria 163 Solomon E. -
19-292 Torres V. Madrid (03/25/2021)
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus TORRES v. MADRID ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 19–292. Argued October 14, 2020—Decided March 25, 2021 Respondents Janice Madrid and Richard Williamson, officers with the New Mexico State Police, arrived at an Albuquerque apartment com- plex to execute an arrest warrant and approached petitioner Roxanne Torres, then standing near a Toyota FJ Cruiser. The officers at- tempted to speak with her as she got into the driver’s seat. Believing the officers to be carjackers, Torres hit the gas to escape. The officers fired their service pistols 13 times to stop Torres, striking her twice. Torres managed to escape and drove to a hospital 75 miles away, only to be airlifted back to a hospital in Albuquerque, where the police ar- rested her the next day. Torres later sought damages from the officers under 42 U. S. C. §1983. She claimed that the officers used excessive force against her and that the shooting constituted an unreasonable seizure under the Fourth Amendment. Affirming the District Court’s grant of summary judgment to the officers, the Tenth Circuit held that “a suspect’s continued flight after being shot by police negates a Fourth Amendment excessive-force claim.” 769 Fed. -
A Critique of Two Arguments Against the Exclusionary Rule: the Historical Error and the Comparative Myth, 32 Wash
Washington and Lee Law Review Volume 32 | Issue 4 Article 4 Fall 9-1-1975 A Critique Of Two Arguments Against The Exclusionary Rule: The iH storical Error And The Comparative Myth Donald E. Wilkes, Jr. Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Comparative and Foreign Law Commons, and the Legal History Commons Recommended Citation Donald E. Wilkes, Jr., A Critique Of Two Arguments Against The Exclusionary Rule: The Historical Error And The Comparative Myth, 32 Wash. & Lee L. Rev. 881 (1975), https://scholarlycommons.law.wlu.edu/wlulr/vol32/iss4/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. A Critique of Two Arguments Against the Exclusionary Rule: The Historical Error and The Comparative Myth DONALD E. WILKES, JR.* Introduction "The great body of the law of evidence consists of rules that oper- ate to exclude relevant evidence."' The most controversial of these rules are those which prevent the admission of probative evidence because of the irregular manner in which the evidence was obtained. Depending on whether the method of obtaining violated a provision of positive law, irregularly obtained evidence' may be separated into two classes. Evidence obtained by methods which meet legal requirements but contravene some moral or ethical principle is un- fairly obtained evidence. -
Guide to Researching Massachusetts Criminal Practice and Procedure
CHAPTER 51 JANUARY, 2012 ________________________________________________________ Guide to Researching Massachusetts Criminal Practice and Procedure Written by Renee Y. Rastorfer and Patricia A. Newcombe Table of Contents: § 51.1 Introduction .................................................................................................................... 2 PART ONE: PRIMARY SOURCES § 51.2 Constitutions ................................................................................................................... 3 A. United States Constitution......................................................................................... 3 1. Amendments ......................................................................................................... 3 2. Where to find cases interpreting the amendments ................................................. 3 B. Massachusetts Constitution ....................................................................................... 4 1. Articles ................................................................................................................ 4 2. Where to find cases interpreting the articles .......................................................... 6 § 51.3 Statutes ........................................................................................................................... 6 A. Massachusetts criminal statutory provisions ............................................................. 6 1. Substantive criminal law ..................................................................................... -
Terrorism, Miranda, and Related Matters
Terrorism, Miranda, and Related Matters Charles Doyle Senior Specialist in American Public Law April 24, 2013 Congressional Research Service 7-5700 www.crs.gov R41252 CRS Report for Congress Prepared for Members and Committees of Congress Terrorism, Miranda, and Related Matters Summary The Fifth Amendment to the United States Constitution provides in part that “No person ... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” In Miranda v. Arizona, the Supreme Court declared that statements of an accused, given during a custodial interrogation, could not be introduced in evidence in criminal proceedings against him, unless he were first advised of his rights and waived them. In Dickerson v. United States, the Court held that the Miranda exclusionary rule was constitutionally grounded and could not be replaced by a statutory provision making all voluntary confessions admissible. In New York v. Quarles, the Court recognized a “limited” “public safety” exception to Miranda, but has not defined the exception further. The lower federal courts have construed the exception narrowly in cases involving unwarned statements concerning the location of a weapon possibly at hand at the time of an arrest. The Supreme Court has yet to decide to what extent Miranda applies to custodial interrogations conducted overseas. The lower federal courts have held that the failure of foreign law enforcement officials to provide Miranda warnings prior to interrogation does not preclude use of any resulting statement in a subsequent U.S. criminal trial, unless interrogation was a joint venture of U.S. -
Police-Media Relations
0EASTHAMPTON POLICE Department Manual: DEPARTMENT Policy No. 1.08 Subject: Searches & Seizures MASSACHUSETTS POLICE ACCREDITATION GENERAL ORDER STANDARDS REFERENCED: 1.2.4, a, b, c, d, e, f, g; 74.3.1 M.G.L. Chapter 276 Section 2D (12/21/20) Issue Date: 01-17- Issuing Authority 2021 Robert J. Alberti Effective Date: 01- Robert J. Alberti 27-2021 Chief of Police I. General Considerations and Guidelines: The term “searches and seizures” includes the examination of persons or places for the discovery of contraband, property stolen or otherwise unlawfully obtained or held, or of evidence of the commission of crime, and the taking into legal custody of such property or evidence for presentation to the court. Failure to comply with the legal technicalities which govern these procedures results in more failures to obtain convictions than any other source. The Fourth Amendment to the U.S. Constitution has been interpreted by the U.S. Supreme Court to require that, whenever possible and practicable, with certain limited exceptions, a police officer should always obtain a valid search warrant in advance.1 The Fourth Amendment of the U.S. Constitution provides as follows: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Page 1 Article XIV of the Massachusetts Constitution provides as follows: Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. -
CSE Case Law Update June 2010
CSE Case Law Update June 2010 STATE SUPREME COURTS People v. Simmonds, 902 N.Y.S.2d 256 (N.Y. App. Div. June 10, 2010) • Sex offender risk assessment • Grooming • Continuing course of sexual contact 40 year-old defendant began a relationship over the internet with a female living in Missouri whom he believed was 18 years-old. For two-months the two individuals exchanged frequent phone and e-mail conversations. After this period, the victim informed defendant she was 15 years-old; in fact, she was then only 12 years-old. Under the impression that the victim was 15 years-old, defendant arranged to meet her, and thereafter subjected her to multiple sexual acts. Defendant plead guilty in Missouri to statutory rape in the first degree and statutory sodomy in the first degree. Upon his release from prison, defendant relocated to Broome County, New York, whereupon the Board of Examiners of Sex Offenders prepared a risk assessment instrument in which defendant was assigned 80 points, classifying him as a risk level II sex offender. He was then assigned an additional 20 points for engaging in a continuing course of sexual contact. Defendant appealed this 20 point addition and 20 points assigned at the initial assessment for “grooming” the victim. Defendant’s admission that he performed multiple sexual acts with the victim over the course of two days and the court found this admission, coupled with the victim’s statements, was sufficient evidence to establish a continued course of sexual contact by clear and convincing evidence. The 20 points assessed -
In Prosecutors We Trust: UK Lessons for Illinois Disclosure Susan S
Loyola University Chicago Law Journal Volume 38 Article 2 Issue 4 Summer 2007 2007 In Prosecutors We Trust: UK Lessons for Illinois Disclosure Susan S. Kuo University of South Carolina School of Law C. W. Taylor Bradford University Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Law Commons Recommended Citation Susan S. Kuo, & C. W. Taylor, In Prosecutors We Trust: UK Lessons for Illinois Disclosure, 38 Loy. U. Chi. L. J. 695 (2007). Available at: http://lawecommons.luc.edu/luclj/vol38/iss4/2 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. In Prosecutors We Trust: UK Lessons for Illinois Disclosure Susan S. Kuo* & C. W. Taylor** IN TRO DUCTIO N...................................................................................... 696 I. THE ILLINOIS DISCLOSURE EXPERIENCE ............................................ 699 A. The Disclosure of Exculpatory Evidence in Illinois ............ 699 1. Federal Constitutional Disclosure Requirements .......... 699 2. Illinois Disclosure Requirements .................................. 702 B . D isclosure V iolations ........................................................... 704 C. Illinois Proposals for Reform ............................................... 708 II. THE UK DISCLOSURE EXPERIENCE .................................................. 710 A. The Development