LawMeme LawMeme Yale Law School  
LawMeme
Search LawMeme [ Advanced Search ]
 
 
 
 
New Yale Scholarship: Exclusion of Evidence and Appellate Review
Posted by Lea Bishop on Monday, April 05 @ 16:27:59 EDT Scholarship
Zack Bray, Case Comment: Appellate Review and the Exclusionary Rule, 113 YALE L.J. 1143 (2004).

This Case Comment analyzes the impact of the Seventh Circuit’s decision in U. S. v. Koerth on the admissibility of evidence obtained under an invalid warrant, but in good faith on the part of investigating authorities. United States v. Koerth, 312 F.3d 862 (7th Cir. 2002), cert. denied, 123 S. Ct. 1947 (2003). The author emphasizes Koerth's consistency with Leon on a substantive level, while setting a new procedural standard for appellate resolution of such cases: “Like Leon, Koerth continues to require that evidence obtained during a questionable search be admitted, under the objectively reasonable good faith exception, even if the appellate court finds that the warrant-issuing judge’s decision on the issue of probable cause was erroneous. In other words, Koerth’s substantial basis test continues to protect the effects of difficult decisions made by warrant-issuing judges and magistrates, while allowing appellate courts to create instructive precedent to guide similar decisions in the future.” The author concludes that this will encourage appellate courts to clearly define the limits of “probable cause,” when they adjudicate cases, which will ultimately provide clearer guidance to magistrates and law enforcement officers.

(Abstract prepared by Lea Bishop.)
 
Related Links
· More about Scholarship
· News by Lea Bishop


Most read story about Scholarship:
Alternatives to PATRIOTism

Options

 Printer Friendly Page  Printer Friendly Page

 Send to a Friend  Send to a Friend

Threshold
  
The comments are owned by the poster. We aren't responsible for their content.

Leges humanae nascuntur, vivunt, moriuntur
Human laws are born, live, and die

Contributors retain copyright interests in all stories, comments and submissions.
The PHP-Nuke engine on which LawMeme runs is copyright by PHP-Nuke, and is freely available under the GNU GPL.
Everything else is copyright copyright 2002-04 by the Information Society Project.

This material may be distributed only subject to the terms and conditions
set forth in the Open Publication License, v1.0 or later.
The latest version is currently available at http://www.opencontent.org/openpub/.

You can syndicate our news with backend.php



Page Generation: 0.079 Seconds