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: LawReaderState Supreme Court sets precedent to allow suppression of evidence as remedy for statutory violation
By Stan
Full post as published by LawReader on June 06, 2008 (boomark / email).
CA11: Riverside/Gerstein violation did not warrant suppression of statement
A Riverside/Gerstein violation does not require exclusion. Here, defendant's confession was a product of free will. Lawhorn v. Allen, 2008 U.S. App. LEXIS 5159 (11th Cir. March 11, 2008)...
D.Conn.: Executing one of four search warrants after 10 p.m. was not intentional disregard of Rule 41
Rule 41 violations are subject to an intentional disregard rule, and defendant failed to show it here as to one of several warrants served concurrently with one after 10 p.m., the others before 10 p...
US Supreme Court to hear evidence suppression, state water rights cases
Release May Act as Defense of Waiver to Statutory Cause of Action
The Supreme Court recently published Humana v. Blose, which dealt with the limited issue of whether a claimant can waive his right to a statutory action by signing a release of claims...
No infraction, no legal stop
Mike Sheahon won in State v. Ryan, No. 98,027 (Kan. App. Nov. 21, 2007) (unpublished), affirming Judge Hebert's suppression order in a Saline County drug prosecution. In a pretty short opinion, the COA notes that there was disputed evidence whether the pretextual infraction occurred at all:Here, the trial court's ruling that the State failed to meet its burden could be construed as a negative finding of fact...
CA8: Right of confrontation does not apply at a suppression hearing
The right of confrontation does not apply at a suppression hearing. The officer that actually stopped the defendant was not called as a witness by the government, so hearsay was admissible about the cause of the stop...
NJ: Violation of state rule on officer's personal appearance before magistrate does not require suppression
Personal appearance of affiant rule in N.J. is not a constitutional requirement. While violations of the rule are not to be condoned, a violation of the rule only leads to suppression if there is prejudice to the accused...
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