LIMITATION PLACED ON FEDERAL HABEAS CORPUS JURISDICTION IN FOURTH AMENDMENT CASES - A FURTHER EROSION OF THE EXCLUSIONARY RULE

• NCJ Number: 39280
• Journal: Loyola Law Review Volume: 22 Issue: 3 Dated: (SUMMER 1976) Pages: 856-862
• Author(s): D J FOSHEE
• Date Published: 1976
• Length: 7 pages
• Corporate Author: Loyola University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN STONE V POWELL (1976) CONCERNING THE RIGHT OF STATE PRISONERS TO FEDERAL HABEAS CORPUS RELIEF.

Abstract

IN POWELL, THE COURT HELD THAT A STATE PRISONER WHO HAS BEEN GRANTED A FULL AND FAIR OPPORTUNITY BY THE STATE TO LITIGATE HIS FOURTH AMENDEMENT CLAIM CANNOT BE AFFORDED FEDERAL HABEAS CORPUS RELIEF TO RELITIGATE THE SEARCH AND SEIZURE. THIS ARTICLE EXAMINES FACTS OF THE CASE, MAJORITY AND DISSENTING OPINIONS, AND POSSIBLE IMPLICATIONS OF STONE V POWELL FOR THE USE OF THE EXCLUSIONARY RULE. THE AUTHOR CONCLUDES THAT THE POWELL DECISION RECLASSIFIED THE EXCLUSIONARY RULE AS A JUDICIAL REMEDY RATHER THAN A CONSTITUTIONAL RIGHT AND THAT THIS IS INDICATIVE OF A TREND TOWARD ERODING THE POTENCY OF THE EXCLUSIONARY RULE AND ULTIMATELY FOURTH AMENDMENT PROTECTION....EB