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AJ004 Chapter 4 Flashcards

silver platter doctrine

The very essence of a healthy federalism depends upon the avoidance of needless conflict between state and federal courts. Despite these decisions, or perhaps because of them, cases kept arising in which the federal courts were faced with determining whether there had been such participation by federal officers in a lawless state search as to make inadmissible in evidence that which had been seized. United States, supra, to question the right of the Federal Government to utilize the very kind of evidence involved in these two cases. She was intoxicated, angry, and frustrated that she could not find Jenkins because she wanted to talk to him about their relationship. He was subsequently convicted in federal court of intercepting and divulging telephone communications, but appealed his federal conviction on the grounds that state police had gathered the evidence against him in violation of his Fourth Amendment rights. Yet the rule promulgated today flouts such a state regulation.

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AJ004 Chapter 4 Flashcards

silver platter doctrine

If, on the other hand, it is understood that the fruit of an unlawful search by state agents will be inadmissible in a federal trial, there can be no inducement to subterfuge and evasion with respect to federal-state cooperation in criminal investigation. But the Weeks case also announced, unobtrusively but nonetheless definitely, another evidentiary rule. Colorado furnishes the slightest support for the application of the Weeks exclusionary rule, designed as that was to enforce the Fourth Amendment and indirectly to discipline federal officers under this Court's peculiarly comprehensive supervisory power over them, to the present cases, where the infractions, if any, were by state officers and were of rights arising under the Due Process Clause of the Fourteenth Amendment. As a result, I am confident they will be much better police officers. How finely the line is drawn is seen when we recall that marshals in the service of the nation are on one side of it, and police in the service of the states on the other. However, the evidence was obtained by a private… 909 Words 4 Pages Polemicists raised up to defend the faith. In any event the difficulties soon appeared.

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Washington Appellate Project case details

silver platter doctrine

Zapata was in a rage, and she said she was going to find Robert, but there is no step taken by him that would connect him to the crime or indicate that he had any intention to act on what are said to be previous, I guess, types of violence toward her. They fought the heresies that were damaging the church. Encyclopedia of the American Constitution. Pre- Wolf: See State v. If the modified rule I have outlined is not to be adopted, however, the difficulties in the Court's decision make it far more preferable in my view to continue adherence to the sharp line drawn by Weeks and Byars between state- and federally-seized evidence.

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Texas Law Review, Volume 91, Number 1, November 2012

silver platter doctrine

This removal of the doctrinal underpinning for the admissibility rule has apparently escaped the attention of most of the federal courts, which have continued to approve the admission of evidence illegally seized by state officers without so much as even discussing the impact of Wolf. For much the same reason, it cannot positively be demonstrated that enforcement of the criminal law is either more or less effective under either rule. Evidence is admissible under this doctrine when 1 the foreign jurisdiction lawfully obtained evidence; and 2 the forum state's officers did not act as agents or cooperate or assist the foreign jurisdiction. Of course the same is true of procedural protections afforded by federal statutes not resting on the Constitution. The intervening years gave rise to a practice known as the silver platter doctrine, which allowed federal courts to admit evidence seized in violation of the Fourth Amendment by state law enforcement agents if those state officials neither acted at the direction nor with the foreknowledge of federal agents.


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AJ004 Chapter 4 Flashcards

silver platter doctrine

United States, ; United States v. But when a rule of law has the history and the intrinsic authority of the rule overturned today, when it has been for so long a part of the administration of justice in the federal courts, a change, when not constitutionally compelled as the present change concededly is not, must justify itself either by the demands of new experience undermining the justification of the established rule or by new insight into the undesirable consequences of the old rule. A federal prosecutor may take no benefit from evidence collected through the trespass of a federal officer. Encyclopedia of the American Constitution. Such a distinction indeed would appear to reflect an indefensibly selective evaluation of the provisions of the Constitution. Since, as a practical matter, it is never easy to prove a negative, it is hardly likely that conclusive factual data could ever be assembled.

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SilverPlatter

silver platter doctrine

United States, ; Bartkus v. Retrieved August 4, 2013 — via. The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established by years of endeavor and suffering which have resulted in their embodiment in the fundamental law of the land. United States, ; Lustig v. It is true that, at the time she left the apartment at 2 a. They arose from the entirely commendable practice of state and federal agents to cooperate with each other in the investigation and detection of criminal activity. Our people may tolerate many mistakes of both intent and performance, but, with unerring instinct, they know that, when any person is intentionally deprived of his constitutional rights, those responsible have committed no ordinary offense.

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Elkins v. United States

silver platter doctrine

The admission or refusal of evidence lies largely within the sound discretion of the trial court and is reviewed only for an abuse of discretion. An hour later, at about 2:00 a. To declare that, in the administration of the criminal law, the end justifies the means -- to declare that the government may commit crimes in order to secure the conviction of a private criminal -- would bring terrible retribution. We shall let you both go free. Mezquia also cites Leonard v. Our way of upholding the Constitution is not to strike at the man who breaks it, but to let off somebody else who broke something else.

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The Silver Platter Doctrine

silver platter doctrine

In so ruling, the Court said: 'In limine' has been defined as '{o}n or at the threshold; at the very beginning; preliminarily. We must do so now, and so must federal trial courts concern themselves with such constitutional determinations in the midst of adjudicating motions to suppress state evidence. On this account, another exclusion of relevant evidence has been developed in the federal courts in response to what was deemed to be a compelling public need implicit in that Amendment. He lived with a woman about a mile and a half from where Zapata's body was found. If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution.


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CQ Press

silver platter doctrine

The test is one of federal law, neither enlarged by what one state court may have countenanced nor diminished by what another may have colorably suppressed. Evidence obtained by state officers during a search which, if conducted by federal officers, would have violated the defendant's immunity from unreasonable searches and seizures under the Fourth Amendment is inadmissible over the defendant's timely objection in a federal criminal trial, even when there was no participation by federal officers in the search and seizure. The scope and effect of these two constitutional provisions cannot be equated, as the Court would have it. As the underlying aim of judicial inquiry is ascertainable truth, everything rationally related to ascertaining the truth is presumptively admissible. I would retain intact the nonexclusionary rule of the Weeks and Byars cases, which has behind it the strongest judicial credentials, the sanction of long usage, and the support of what, in my opinion, is sound constitutional doctrine under our federal scheme of things, doctrine which only as recently as last Term was reiterated by this Court. The identity of the protection of the Due Process Clause against arbitrary searches with the scope of the protection of the Fourth Amendment is something the Court assumes for the first time today. I would not so belittle this Court's authority.

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