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- Title
Strieff and the Fruit of the Poisonous Tree Doctrine: "On These Streets . . . You've Got to Understand the Rules".
- Authors
Hughes, Tom "Tad"
- Abstract
The Exclusionary Rule was clearly designed to remove from trial evidence directly obtained from police illegally. However, with some frequency, evidence is indirectly obtained from an initially illegal act. Recently, the U.S. Supreme Court decided the case of Utah v. Strieff (2016). The case involved an illegal stop by a police officer, the subsequent discovery of an outstanding warrant, and the admissibility of evidence discovered after the subject of the warrant was arrested. The case is both legally and practically significant. The specific ruling established a limitation for the application of the exclusion remedy to derivative evidence. Practically, the case has the potential to influence police street practices in the U.S.
- Subjects
UNITED States; UTAH v. Strieff (Supreme Court case); EXCLUSIONARY rule (Evidence); POLICE; WARRANTS (Law); ARREST
- Publication
Law Enforcement Executive Forum, 2017, Vol 17, Issue 3, p8
- ISSN
1552-9908
- Publication type
Article
- DOI
10.19151/leef.2017.1703b