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- Title
WHY AND HOW A LOWER FEDERAL COURT'S DECISION THAT A SEARCH OR SEIZURE VIOLATED THE FOURTH AMENDMENT SHOULD BE BINDING IN A STATE PROSECUTION: USING"GOOD SENSE" AND SUPPRESSING UNNECESSARY FORMALISM.
- Authors
Moyer, Ruth A.
- Abstract
The article discusses the lower federal court's decision in a case, depicting that state prosecution should bind the search or seizure violating the Fourth Amendment. It informs about the collateral estoppel doctrine by which the Fourth Amendment grants federal suppression motion to the state court. It also informs that the law-of-the-case doctrine supports the opposing principles of federal judicial power and state autonomy and balances between individual liberty and government authority.
- Subjects
UNITED States; FEDERAL court decisions; SEARCHES &; seizures (Law); UNITED States. Constitution. 4th Amendment; PROSECUTION; COLLATERAL estoppel; JUDICIAL power; LEGAL motions
- Publication
Vermont Law Review, 2011, Vol 36, Issue 1, p165
- ISSN
0145-2908
- Publication type
Article