FEDERAL HABEAS CORPUS - A MAJOR STEP TOWARD PHASING OUT THE EXCLUSIONARY RULE

• NCJ Number: 40878
• Journal: University of Florida Law Review Volume: 29 Issue: 2 Dated: (WINTER 1977) Pages: 364-375
• Author(s): J B GALLAGHER
• Date Published: 1977
• Length: 12 pages
• Corporate Author: University of Florida
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE US SUPREME COURT RULING IN STONE V POWELL (1976) WHICH HELD THAT FEDERAL HABEAS CORPUS RELIEF IS NOT AVAILABLE TO STATE PRISONERS FOR FOURTH AMENDMENT CLAIMS UNDER CERTAIN CONDITIONS.

Abstract

IN POWELL, THE COURT RULED THAT A STATE PRISONER WHO HAS HAD FULL AND FAIR OPPORTUNITY TO LITIGATE CLAIMS OF AN UNLAWFUL SEARCH AND SEIZURE IN STATE COURTS MAY NOT BE GRANTED FEDERAL HABEAS CORPUS RELIEF. THE AUTHOR EXAMINES THE COURT'S OPINIONS IN POWELL AS WELL AS PREVIOUS CASE LAW DEALING WITH THE EXCLUSIONARY RULE TO DEMONSTRATE THE INSTANT OPINION'S ERODING EFFECT ON THE DEFENDANT'S DUE PROCESS RIGHTS....EB