Court Throws Out Evidence Resulting from Police Officer Leaning ...

Courts have often ruled that a police officer's physical intrusion into the interior of a vehicle through an open window or door constitutes a search under the ...

What happens in a US law court if there is a dispute about evidence ...

Or perhaps the accused is found not guilty at trial because the prosecution can't prove its case. If it was discovered a police officer framed ...

Exclusionary Rule Part I (MP3)

Solari: Right; however, the court held that the constitutional violation didn't directly lead to the discovery of the evidence. The officers were still going to ...

4th Amendment Landmark Cases | The Judicial Learning Center

The evidence was used by the New Jersey Juvenile Court to find her guilty of delinquency.

'Testilying' by Police: A Stubborn Problem - The New York Times

If the truth were to emerge that the case began with an illegal police search, the evidence would quite likely be thrown out and the case ...

Core Criminal Law Subjects: Evidence: Search and Seizure

Rader, 65 M.J. 30 (a law enforcement officer does not violate the Fourth Amendment's proscription against unreasonable searches and seizures where a third party ...

How Does Evidence Get Suppressed? - Barnes & Fersten Law Firm

Law enforcement can provide evidence from investigations and the prosecutor can present the evidence in court. There are several types of evidence that may be ...

Officers Sued for Withholding Exculpatory Evidence - Lexipol

1885 (2017)), although the Court held that the burden rests on the defendant to show that the undisclosed evidence prejudiced the trial to the ...

Search & Seizure Supreme Court Cases

A state hospital's performance of a diagnostic test to obtain evidence of a patient's criminal conduct for law enforcement purposes is an unreasonable search if ...

Government Misconduct and Convicting the Innocent

Fabricated Official Evidence. Police and other law enforcement officers are the most important sources of evidence in criminal prosecutions ...

Chapter 23 Motions To Suppress Tangible Evidence

U.S. at 378-79, the Court held that a “police officer . ... activity carried out by police officers will enhance that distrust. And this is ...

Cases - Search and seizure - Oyez

A case in which the Court found that police officers do not need to show evidence of a drug-detection dog's reliability to prove probable cause. Granted. Mar 26 ...

How to get a police report dropped if the evidence is out of context ...

While it is illegal to knowingly report false information to police, it is rarely something that is rarely charged and successfully prosecuted.

Determining the Perspective of a Reasonable Police Officer

Although the. Supreme Court mandated over thirty years ago that courts determine the constitutionality of allegedly excessive force from the ...

The Exigent Circumstances Exception After Kentucky v. King — LEB

The Supreme Court's decision in King provides welcome clarification of the circumstances under which law enforcement is permitted to rely upon the exigent ...

Mapp v. Ohio (1961) - The National Constitution Center

In particular, this case found that the exclusionary rule, which prohibits prosecutors from using evidence acquired illegally in violation of the Fourth ...

Police Officer Truthfulness and the Brady Decision

Evidence that the officer has had in his personnel file a sustained finding of untruthfulness is clearly exculpatory to the defense. Law enforcement executives ...

The Bad-Apple Myth of Policing - The Atlantic

The trial court, as well as the Fourth Circuit Court of Appeals, sided with the officers. But, in deciding to review the case, the Supreme Court ...

Search and Seizure - Exigent Circumstances | Casetext

The Supreme Court held that the exigent circumstances exception to the search warrant requirement applies even if the law enforcement agents “created” the ...

Execution of a Search Warrant (I) (MP3)

... evidence and assault police officers if he finds out they are coming to his house. Tim: Ok good, I tell you what, let's take a break and we'll talk a little ...