CONSTITUTIONAL LAW - FEDERAL HABEAS CORPUS COLLATERAL REVIEW OF STATE CONVICTIONS - SEARCH AND SEIZURE CLAIMS NOT COGNIZABLE AFTER EXHAUSTION OF STATE REMEDIES

• NCJ Number: 39266
• Journal: Mississippi Law Journal Volume: 48 Issue: 1 Dated: (JANUARY 1977) Pages: 155-163
• Author(s): R W MONTJOY
• Date Published: 1977
• Length: 9 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN STONE V POWELL (1976) WHICH LIMITED THE SCOPE OF FEDERAL HABEAS CORPUS REVIEW FOR STATE PRISONERS.

Abstract

IN STONE V POWELL, THE COURT HELD THAT WHERE A STATE HAS AFFORDED A PRISONER FULL AND FAIR OPPORTUNITY TO FULLY ADJUDICATE A FOURTH AMENDMENT CLAIM IN THE STATE COUTS, FEDERAL HABEAS CORPUS RELIEF IS NOT AVAILABLE. THE AUTHOR TRACES SUPREME COURT DECISIONS AFFECTING THE SCOPE OF FEDERAL HABEAS CORPUS REVIEW AND THE EXCLUSIONARY RULE. THE MAJORITY AND DISSENTING OPINIONS IN POWELL ARE DISCUSSED AS IS THE BALANCING TEST (EXCLUSIONARY RULE V SOCIETAL COST IMPOSED BY ITS APPLICATION) USED BY THE MAJORITY IN REACHING ITS DECISION. IT IS CONCLUDED THAT THIS INDIRECT LIMITATION OF THE USE OF THE EXCLUSIONARY RULE WILL HAVE A DIMINISHING EFFECT ON ITS APPLICATION AND MAY HAVE A POSITIVE EFFECT ON THE DRAFTING AND PASSAGE OF A NEW FEDERAL LAW WHICH WILL HAVE A MORE EFFECTIVE DETERRENT QUALITY....EB