NCJ Number
112475
Journal
Arizona State Law Journal Volume: 20 Issue: 1 Dated: (Spring 1988) Pages: 285-325
Date Published
1988
Length
41 pages
Annotation
This article discusses the problems arising when evidence seized by State officials in violation of State constitutions is admissible in Federal court.
Abstract
The article discusses the history and development of the Federal fourth and fourteenth amendment exclusionary rules, noting that State search and seizure provisions are similar to the Federal fourth amendment, but that State rules for excluding evidence obtained in violation of State search and seizure provisions differ widely from the Federal rule. The specifics of Arizona search and seizure law are discussed and analyzed. The article points out that Federal and State courts must develop doctrines allowing for the exclusion of evidence when it is unlawfully seized according to the laws of the jurisdiction that governs the police involved in the search. Additional questions that must be addressed when there are different exclusionary rules at the State and national levels of a federal system are: (1) whether evidence gathered by State officials which is inadmissible in that State's courts is admissible in Federal court; (2) whether evidence gathered by Federal officials, which would be inadmissible in State courts if gathered by State officials, is admissible in State courts: and (3) whether evidence gathered by officials in State A which is inadmissible in State A's courts, is admissible in State B. 300 footnotes.