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Elkins Vs. United States

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  • US Supreme Court
  • Jun 27, 1960

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72 entries 5 linked 67 unlinked
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  1. United States Vs. Jeffers US Supreme Court · Nov 13, 1951
  2. irvine Vs. California US Supreme Court · Feb 08, 1954
  3. Frank Vs. Maryland US Supreme Court · May 04, 1959
  4. United States Vs. Rabinowitz US Supreme Court · Feb 20, 1950
  5. Wolf Vs. Colorado US Supreme Court · Jun 27, 1949
  6. Elkins v. United
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  7. States - 364 U.S. 206 (1960) U.S. Supreme Court Elkins v. United
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  8. States, 364 U.S. 206 (1960) Elkins v. United
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  9. no longer be accepted. To put the issue in historic perspective, the appropriate starting point must be Weeks v. United
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  10. U. S. 232 U.S. 383, 232 U. S. 391 -393. To the exclusionary rule of Weeks v. United
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  11. States there has been unquestioning adherence for now almost half a century. See Silverthorne Lumber Co. v. United
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  12. Gouled v. United
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  13. Amos v. United
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  14. Agnello v. United
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  15. Go-Bart Importing Co. v. United
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  16. Grau v. United
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  17. McDonald v. United
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  18. unlawfully seized by state officers apparently went unquestioned for the next thirty-five years. See, e.g., Byars v. United
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  19. Feldman v. United
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  20. by federal agents in the search and seizure as to make applicable the exclusionary rule of Weeks. See Flagg v. United
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  21. United States v. Slusser
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  22. United States v. Falloco
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  23. Legman v. United
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  24. Marron v. United
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  25. United States v. Brown
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  26. F.2d 630, 631. This Court first came to grips with the problem in Byars v. United
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  27. U.S. at 273 U. S. 33 . In Gambino v. United
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  28. solely on behalf of the United States, the evidence was not admissible in a federal prosecution. Then came Wolf v. Colorado
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  29. The Court has subsequently found frequent occasion to reiterate this statement from Wolf. See Stefanelli v. Minard
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  30. to the admissibility rule appear to have recognized that Wolf casts doubt upon its continuing validity. Jones v. United
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  31. United States v. Benanti
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  32. F.2d 389, reversed on other grounds, 355 U. S. 355 U.S. 96. Cf. Kendall v. United
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  33. Hanna v. United
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  34. of the Weeks admissibility rule has been manifest from the very day that Wolf was decided. In Lustig v. United
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  35. U.S. at 338 U. S. 79 . And in Benanti v. United
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  36. of a federal statute, yet would admit that which they had seized in violation of the Constitution itself. Cf. Benanti v. United
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  37. otherwise admissible evidence because of the status of the witness or his relationship to the defendant. Cf. Hawkins v. United
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  38. McNabb v. United
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  39. People v. Defore
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  40. guaranty in the only effectively available way -- by removing the incentive to disregard it. See Eleuteri v. Richman
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  41. Brinegar v. United
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  42. search and seizure unlawful under the Fourth Amendment must be suppressed in a prosecution in the state courts. State v. Arregui
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  43. Walters v. Commonwealth
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  44. Little v. State
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  45. State v. Rebasti
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  46. State v. Hiteshew
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  47. Ramirez v. State
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  48. Tex.Cr.R. 254, 58 S.W.2d 829. Compare Rea v. United
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  49. Court of that State resolutely turned its back on many years of precedent and adopted the exclusionary rule. People v. Cahan
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  50. today affects not at all the freedom of the states to develop and apply their own sanctions in their own way. Cf. Wolf v. Colorado
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